Paso Robles City Council
December 5, 2023

City Council Agenda December 5, 2023

16.5. This Lease shall be interpreted and enforced, and all questions arising hereunder shall be resolved and adjudicated in accordance with the laws of the State of California.

City Council Agenda December 5, 2023
ATTACHMENT “A”
LESSOR – RULES AND REGULATIONS
To be updated at time of lease

City Council Agenda December 5, 2023
Council Agenda Report
From: Christopher Alakel, Utilities Director
Subject: Purchase of Advanced Metering Infrastructure Equipment for AMI Project CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Date: December 5, 2023
Facts

1. The City provides water and wastewater service for all homes, businesses, and institutions in the City.

Potable water is delivered to the City’s water customers through approximately 10,966 metered service connections.

2. The City’s water and wastewater charges are based on actual water consumption. Therefore, the City relies on accurate and timely water meter reading information for billing and collection of approximately $28 million in annual revenue.

3. The City currently uses a third-party vendor to manually read customer’s water meters. Significant delays in meter reading have caused customer frustration and confusion regarding billings for water and sewer service, increased staff time to adjust billings and assist customers, and delayed collection of revenue Water and Wastewater fund revenues.

4. The City’s Capital Improvement Program in the City’s adopted budget includes a project to retrofit existing water meters to advanced metering infrastructure (AMI) beginning this year. AMI is an integrated system consisting of electronic meter registers, a communications network, and data management system that collects water consumption data without requiring manual reading by visiting each meter.

5. The Water Department has evaluated advanced metering alternatives that would allow for remote collection of meter readings and are compatible with the City’s existing water meters.

6. The City has standardized water meters manufactured by Badger Meter Company (Badger) to improve the consistency and reliability. Badger offers AMI hardware that is directly compatible with approximately 96 percent of the City’s water meters. Implementation of this AMI solution would simplify retrofits and reduce implementation costs.

7. The City began piloting the cellular AMI solution provided by Badger in February of 2023 and pilot meters have now been active for eight months.

8. On May 16, 2023, City Council authorized sole source procurement from Badger Meter Company for the Orion/ Beacon AMI system.

9. Utilities Department staff are preparing for implementation of AMI and the department is planning to bid for installation of AMI hardware in July of 2024.

10. AMI encoding registers, radio endpoints, and AMI-compatible lids (AMI equipment) needed for the project has long lead times for manufacturing and delivery (currently 120 days). To ensure that the AMI equipment is available to the installation Contractor that is selected according to the tentative project schedule, a purchase order with Badger meter for the AMI equipment will need to be issued

City Council Agenda December 5, 2023
no later than December 31, 2023. Actual payment will for the AMI equipment would not be due until the equipment is delivered in June-July 2024, however purchase orders for the equipment are required to begin the ordering and manufacturing of the AMI equipment.

Options

1. Take no action;

2. Approve Resolution 23-XXX finding the activity is not a project subject to CEQA and authorizing the purchase of Advanced Metering Infrastructure (AMI) Equipment from Badger Meter Company for the AMI Project in the total estimated cost of $3,143,521.00; or

3. Provide alternative direction to staff.

Analysis and Conclusions
The City has planned and budgeted for implementation of AMI to improve the consistency of meter reading, provide advanced warnings of leaks and other issues with customers’ service, and allow a better understanding of water use throughout the City.

City staff have evaluated AMI alternatives including AMI hardware and meter box lids. In May 2023, City Council authorized sole source procurement of Badger AMI equipment and staff are preparing for bidding for the installation of AMI hardware on the City’s approximately 10,966 meters. In May of 2023, the City Council also adopted engineering standards for AMI-compatible lids. In November of 2023, City Council authorized a Master Services Agreement with Badger Meter Company for the remote meter reading, data management, and software service that is needed for the City’s AMI project. Staff are preparing to bid for installation of the AMI equipment in early 2024 and for the installation contractor to begin work in July of 2024.

The City is preparing to bid for installation of the AMI equipment in July of 2024. The City has investigated the option for the installation contractor to procure the AMI equipment as part of the construction contract, however, due to the long lead time for manufacturing and delivery of the AMI encoding registers, endpoints, and AMI compatible meter box lids (AMI equipment), which is currently approximately 120 days, this approach would significantly delay the project. The City has the option of issuing purchase orders to the equipment supplier, Badger Meter Company, to allow for delivery in time for the City’s construction period in 2024. This will ensuring the needed AMI equipment is available to the Contractor in time for the planned construction period. Additionally, by authorizing purchase of the equipment in advance of construction, the City may also lessen variability in contractors’ bids for the equipment installation.

If a purchase order is placed on December 31, 2023, based on the current lead time schedule, the first delivery of AMI equipment would be near the end of June 2024. Payment would be due to the supplier once the equipment is received by the City.

It is anticipated the city-wide installation Contractor would begin work in July 2024 and the duration of construction would take six to eight months to reach substantial completion. Quantities for these materials can be adjusted prior to shipment.

Staff recommends authorizing the purchase of the AMI registers, endpoints, and AMI compatible lids with a total estimated cost of $3,143,521.00.

City Council Agenda December 5, 2023
Fiscal Impact
Authorization of purchase orders with Badger Meter Company for the AMI encoding registers, radio endpoints, and AMI lids does not have immediate fiscal impact, however, would encumber funding for the purchase of these materials for the project. Payment for the AMI equipment will be due once the equipment is received, anticipated in June or July of 2024.

Total estimated costs for the AMI encoding registers, radio endpoints, and compatible AMI lids, including tax and shipping, based on the quantities of each item anticipated to be needed for the project and are as summarized below.

AMI encoding registers and radio endpoints $2,537,003.00 AMI-compatible lids $606,118.00
Total $3,143,521.00
The City’s Capital Improvement Program in the City’s adopted budget included budget for implementation of the AMI project, which includes the proposed $3,143,521.00 cost for the AMI equipment purchase.

CEQA
The City finds that this action authorizing the purchase of AMI registers, radio endpoints, and AMI compatible lids from Badger Meter Company for the City’s AMI project is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation (Option 2)
Approve Resolution 23-XXX, authorizing the purchase of AMI registers, radio endpoints, and AMIcompatible lids from Badger Meter Company for the City’s Advanced Metering Infrastructure Project and finding the action is not a project under CEQA because it can be seen with certainty the activity will not result in a physical change in the environment.

Attachments

1. Resolution 23-XXX – Authorize the Purchase of Advanced Metering Infrastructure Equipment for Advanced Metering Infrastructure Project of Master Services Agreement with Badger Meter Company for Beacon AMI Data Management System

City Council Agenda December 5, 2023
Attachment 1
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AUTHORIZING PURCHASE OF ADVANCED METERING INFRASTRUCTURE EQUIPMENT FOR THE CITY’S

AMI PROJECT AND FINDING THIS ACTION EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE GUIDELINES SECTIONS 15060 AND 15378 WHEREAS, the City provides water and wastewater service for nearly all homes, businesses, and institutions in the City; and
WHEREAS, the City currently uses a third-party vendor to read customer’s water meters. The contract meter reader’s staff manually reads meters each month by visiting all meter locations throughout the City; and
WHEREAS, the level of service provided by the City’s third-party vendor for meter reading has recently declined and significant delays have occurred in meter readings for consecutive months; and WHEREAS, the Capital Improvement Program in the City’s adopted budget includes a project to retrofit existing water meters to advanced metering infrastructure (AMI) beginning in 2023; and WHEREAS, the City has evaluated AMI alternatives that are compatible with the City’s existing water meters, has piloted a cellular AMI solution provided by Badger Meter Company (Badger); has standardized on meters manufactured by Badger for all water meters two inches and smaller; has authorized sole source procurement of AMI equipment and services from Badger Meter Company for the City’s AMI conversion project; and has adopted Engineering Standards for AMI meters which include AMI-compatible meter box lids; and
WHEREAS, authorizing purchase of AMI equipment will allow manufacturing and delivery of the equipment in advance of the planned installation in mid-2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City finds that this action authorizing the purchase of AMI registers, radio endpoints, and AMI compatible lids from Badger Meter Company for the City’s AMI project is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378, because it can be seen with certainty the activity will not result in a physical change in the environment.

Section 3. The City Council authorizes the purchase of AMI registers, radio endpoints, and AMI compatible lids from Badger Meter Company for the City’s AMI project with a total estimated cost of $3,143,521.00.

Section 4. This Resolution shall take effect on the date it is approved by the City Council.

City Council Agenda December 5, 2023
Attachment 1
APPROVED this 5
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

City Council Agenda December 5, 2023
Council Agenda Report
From: David Athey, City Engineer
Subject: Approval of Final Pioneer Park Map – PR17-0133 CEQA Determination: This action is categorically exempt from the California Environmental Quality Act (CEQA) as a class 15 exemption for minor subdivisions (Section 15315 of the State’s Guidelines to Implement CEQA).

Date: December 5, 2023
Facts

1. The proposed subdivision is located at Pioneer Park on Riverside Avenue (see Attachment No. 1, Vicinity Map). The 7.1-acre parcel has a General Plan land use designation of Public Facilities, and the designated zoning is Civic. The park currently hosts open space, skate park, basketball courts, and a ballfield.

2. The request would split the lot to two parcels of 5.7 and 1.6 acres (as shown on Attachment 2, Final Parcel Map PR17-0133).

3. On April 26, 2022, the Planning Commission tentatively approved the Tentative Parcel.

4. On November 15, 2022, the City Council approved the sale of Parcel 2 to the 16th District Agricultural Association for use as an Event Center.

5. On March 31, 2023, the City Council conditionally approved the abandonment of portions of Gregory Avenue and other paper streets within the Event Center area. Road abandonment recordation is conditioned upon approval of the Purchase Acquisition Agreement by the State, and Final Map recordation.

6. On November 17, 2023, the State Public Works Board authorized the acquisition and acceptance of title of the property and authorized the execution of documents required to complete the acquisition.

7. Council approval and recordation of Final Parcel Map PR17-0133 will facilitate the sale of Parcel 2 to the Event Center and abandonment of Gregory Avenue and other paper streets within the Event Center.

8. City staff has reviewed the final parcel map and finds it to be in substantial conformance with the approved tentative map and is technically correct.

Options

1. Approve Resolution 23-XXX approving Final Parcel Map PR17-0133 for recordation; or

2. Refer this item back to staff for additional analysis; or

3. Provide alternative direction to staff.

Analysis and Conclusions
This subdivision creates two new parcels from an approximately 7.3-acre property, which is the location of Pioneer Park. The existing parcel is currently occupied by a ballfield, skate park, basketball court and open space. The Parcel Map will facilitate the sale of a 5.7-acre parcel to the Paso Robles Event Center.

The Event Center and City will complete the sale of the Parcel 2, in conformance with the Acquisition and

City Council Agenda December 5, 2023
Sales Agreement, after the Final Map is recorded. Under the terms of the sale agreement, the City retains control of Parcel 2 for three years following the close of escrow so the ballfield will remain available to the community. The City will retain ownership of Parcel 1.

The Acting City Surveyor has determined that Parcel Map PR 19-064 is in substantial compliance with the Subdivision Map Act. The City Engineer has determined that all conditions imposed by the Planning Commission have been satisfied.

Fiscal Impact
There are no costs associated with the approval and recordation of this Final Parcel Map.

CEQA
The City finds that this action is categorically exempt from the California Environmental Quality Act (CEQA) as a class 15 exemption for minor subdivisions (Section 15315 of the State’s Guidelines to Implement CEQA).

Recommendation (Option 1)
Approve Resolution 23-XXX, approving Final Parcel Map PR17-0133 for recordation.

Attachments

1. Pioneer Park Site Location map

2. Pioneer Park Parcel Map PR17-0133

3. Resolution 23-XXX – Accept Final Map PR17-0133

City Council Agenda December 5, 2023
Attachment 1
Site Location Map
Attachment 1/Location Map

City Council Agenda December 5, 2023
Attachment 2/Final Map PR17-0133

City Council Agenda December 5, 2023
Attachment 2/Final Map PR17-0133

City Council Agenda December 5, 2023
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ACCEPTING PARCEL MAP 17-0133 FOR RECORDATION
(CITY OF EL PASO DE ROBLES / PIONEER PARK)
WHEREAS, the proposed subdivision is located at Pioneer Park on Riverside Avenue; and WHEREAS, the 7.1-acre parcel has a General Plan land use designation of Public Facilities, and the designated zoning is Civic; and
WHEREAS, tentative Parcel Map PR 17-0133 was conditionally approved by the Planning Commission on April 26, 2022; and
WHEREAS, the lot split creates two lots of 5.7 and 1.6 acres; and WHEREAS, all conditions of approval have been satisfied by the City; and WHEREAS, City staff reviewed Final Parcel Map PR17-0133 and finds it to be in substantial conformance with the approved tentative map and is technically correct.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby approves the final map for Parcel Map PR 17-0133 and authorizes the execution and recordation of the parcel map.

APPROVED this 5
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

City Council Agenda December 5, 2023
Council Agenda Report
From: Darren Nash, City Planner
Subject: Request Continuance of the Following Project:

Development Plan (PD22-20), Oak Tree Removal (OTR23-11), Vesting Tentative Parcel Map PR 22-0054, and Conditional Use Permit 23-14 at 2930 Union Road/APN: 025-362- 043
CEQA Determination: The action by the City Council to continue this project is not a project subject to CEQA.

Date: December 5, 2023
Facts

1. The project was continued from the City Council meeting on November 7, 2023, to the City Council meeting on December 5, 2023.

2. Staff has not received any additional information related to this project since the November 7th meeting, therefore it is necessary that this item be continued to a date uncertain.

3. In the future when this project is scheduled for a future City Council agenda new public notices will be circulated.

Options
After consideration of any public testimony, the City Council should consider the following options:

1. Open the public hearing and continue this item to a date uncertain.

2. Refer the project back to staff for additional analysis.

Fiscal Impact
There is no direct fiscal impact associated with continuing this project.

CEQA
The action by the City Council to continue this project is not a project subject to CEQA.

Recommendation (Option 1)

1. Open the public hearing and continue this item to a date uncertain.

Attachments

1. SAFER Supplemental Comment Letter

City Council Agenda December 5, 2023
Via Email
November 29, 2023
John Hamon, Mayor
Sharon Roden, Councilmember
Chris Bausch, Councilmember
Steve Gregory, Councilmember
Fred Strong, Councilmember
City Council Chambers
1000 Spring Street
Paso Robles, CA 93446
[email protected]
Darren Nash, City Planner
Planning Department
City of Paso Robles
425 South Mission Drive
San Gabriel, CA 91776
[email protected]
Supplement Comment on the Initial Study (IS) and Mitigated Negative Declaration (MND) the Covelop Project – December 5 City Council Meeting – Approval of Development Plan (PD22-20), Oak Tree Removal (OTR23-11), Vesting Tentative Parcel Map PR 22-0054, and Conditional Use Permit 23-14 at 2930 Union Road/APN: 025-362-043 Dear Mayor Hamon and Honorable Councilmembers:

I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding the Covelop Project, proposed to be located at 2930 Union Road, Paso Robles, CA (“Project”). After careful review of the IS/MND and its accompanying documents, SAFER concludes that the IS/MND fails as an informational document, and that there is a fair argument that the Project may have adverse environmental impacts. Therefore, we request that the City of Paso Robles (“City”) prepare an environmental impact report (“EIR”) for the Project pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq. SAFER previously submitted comments on November 7, 2023, which was prepared with the assistance of Wildlife Biologist Dr. Shawn Smallwood, PhD, and Daniel Jones of the consulting firm, the RCH Group (“RCH”). SAFER incorporates those comments herein.

LEGAL STANDARD
As the California Supreme Court has held “[i]f no EIR has been prepared for a nonexempt project, but substantial evidence in the record supports a fair argument that the project may result in significant adverse impacts, the proper remedy is to order preparation of an EIR.” (Communities for a Better Env’t v. South Coast Air Quality Mgmt. Dist. (2010) 48 Cal.4th 310, 319-320 [citing No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75, 88; Brentwood Assn. for No Drilling, Inc. v. City of Los Angeles (1982) 134 Cal.App.3d 491, 504–505].) “Significant environmental effect” is defined very broadly as “a substantial or potentially substantial adverse change in the environment.” (Pub. Res. Code § 21068; 14 CCR § 15382.) Attachment 1

City Council Agenda December 5, 2023
November 29, 2023
Comment on IS/MND for Covelop Project
City of Paso Robles

The EIR is the very heart of CEQA. Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184, 1214 (Bakersfield Citizens); Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 927. The EIR is an “environmental ‘alarm bell’ whose purpose is to alert the public and its responsible officials to environmental changes before they have reached the ecological points of no return.” Bakersfield Citizens, 124 Cal.App.4th at 1220. The EIR also functions as a “document of accountability,” intended to “demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action.” Laurel Heights Improvements Assn. v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 392. The EIR process “protects not only the environment but also informed selfgovernment.” Pocket Protectors, 124 Cal.App.4th at 927.

Where an initial study shows that the project may have a significant effect on the environment, a mitigated negative declaration may be appropriate. However, a mitigated negative declaration is proper only if the project revisions would avoid or mitigate the potentially significant effects identified in the initial study “to a point where clearly no significant effect on the environment would occur, and…there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.” (PRC §§ 21064.5 and 21080(c)(2); Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322, 331.) In that context, “may” means a reasonable possibility of a significant effect on the environment. (PRC §§ 21082.2(a), 21100, 21151(a); Pocket Protectors, 124 Cal.App.4th at 927; League for Protection of Oakland's etc. Historic Res. v. City of Oakland (1997) 52 Cal.App.4th 896, 904–05.)
Under the “fair argument” standard, an EIR is required if any substantial evidence in the record indicates that a project may have an adverse environmental effect—even if contrary evidence exists to support the agency’s decision. (14 CCR § 15064(f)(1); Pocket Protectors, 124 Cal.App.4th at 931; Stanislaus Audubon Society v. County of Stanislaus (1995) 33 Cal.App.4th 144, 150-51; Quail Botanical Gardens Found., Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1602.) The “fair argument” standard creates a “low threshold” favoring environmental review through an EIR rather than through issuance of negative declarations or notices of exemption from CEQA. (Pocket Protectors, 124 Cal.App.4th at 928.) The “fair argument” standard is virtually the opposite of the typical deferential standard accorded to agencies. As a leading CEQA treatise explains:

This ‘fair argument’ standard is very different from the standard normally followed by public agencies in making administrative determinations. Ordinarily, public agencies weigh the evidence in the record before them and reach a decision based on a preponderance of the evidence. [Citations]. The fair argument standard, by contrast, prevents the lead agency from weighing competing evidence to determine who has a better argument concerning the likelihood or extent of a potential environmental impact.

The lead agency’s decision is thus largely legal rather than factual; it does not resolve conflicts in the evidence but determines only whether substantial evidence exists in the record to support the prescribed fair argument.

Attachment 1

City Council Agenda December 5, 2023
November 29, 2023
Comment on IS/MND for Covelop Project
City of Paso Robles

Kostka & Zishcke, Practice Under CEQA, §6.29, pp. 273–74.

The Courts have explained that “it is a question of law, not fact, whether a fair argument exists, and the courts owe no deference to the lead agency’s determination. Review is de novo, with a preference for resolving doubts in favor of environmental review.” Pocket Protectors, 124 Cal.App.4th at 928 (emphasis in original).

DISCUSSION
I. The IS/MND Fails to Provide an Adequate Project Description, Including its Environmental Setting and Sensitive Land Uses.

Every CEQA document must start from a “baseline” assumption. The CEQA “baseline” is the set of environmental conditions against which to compare a project’s anticipated impacts. (Communities for a Better Envt. v. So. Coast Air Qual. Mgmt. Dist. (2010) 48 Cal. 4th 310, 321.) Section 15125(a) of the CEQA Guidelines (14 C.C.R., § 15125(a)) states in pertinent part that a lead agency’s environmental review under CEQA:
“…must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time [environmental analysis] is commenced, from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a Lead Agency determines whether an impact is significant.” (emph. added.)
(See, Save Our Peninsula Committee v. County of Monterey (2001) 87 Cal.App.4th 99, 124- 125.) As the court of appeal has explained, “the impacts of the project must be measured against the ‘real conditions on the ground,’” and not against hypothetical permitted levels. (Save Our Peninsula, supra, 87 Cal.App.4th 99, 121-123.)
As applied here, SAFER maintains that the City inadequately described the Project area’s existing sensitive land uses and is inconsistent with the Project as described in the City’s October 2023 Planning Commission Report. CEQA requires the agency to describe the “environmental setting” of the Project. (CEQA Guidelines §15063(d)(2); Mejia v. City of Los Angeles, 130 Cal.

App. 4th 322 (2005).) The “environmental setting” is defined as “the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.” (CEQA Guidelines, § 15360; see § 21060.5; Lighthouse Field Beach Rescue v. City of Santa Cruz, 131 Cal. App. 4th 1170, 1192 (2005).)
RCH reviewed the Air Quality and Greenhouse Gas Analysis (“AQ/GHG Analysis”) by LSA and concluded that the Project failed to provide an adequate legal description of the Project site, omitting critical information of existing sensitive uses and thereby failing to perform the requisite analysis for these sensitive uses. Because of how unreliable the IS/MND is and given the fair argument that the Project will result in a significant adverse impact due to its air quality/GHG emissions, the City must prepare an EIR for the Project. Specifically, the Initial Attachment 1

City Council Agenda December 5, 2023
November 29, 2023
Comment on IS/MND for Covelop Project
City of Paso Robles

Study fails to disclose the fact that there are 10 residences within 1,000 feet of the proposed Project site, including four residences within 100 feet of the Project site. As such, the Initial Study fails to include an adequate environmental setting description.

The IS/MND’s failure to identify these residences as sensitive uses is alarming because any subsequent health risk analysis, such as the one provided in the AQ/GHG Analysis, is then based on the assumption that no sensitive uses exist. Therefore, “[t]here is no discussion of potential health risk impacts on the approximately 10 single-family residences or planned residential developments within 1,000 feet of the Project site from Project sources that emit toxic air contaminants such as Project construction activities and associated diesel-powered off-road equipment and on-road heavy trucks, diesel-fueled heavy truck internal circulation and idling, wine processing and storage, and on-site mobile equipment supporting the proposed industrial uses.” (November 7, 2023 SAFER Letter.)
As such, the City must prepare and circulate additional environmental analysis that adequately captures the correct baseline environmental setting and analyzes the environmental impacts of the Project to the extent that the sensitive land uses are implicated.

II. There is a Fair Argument that the Project Will Have Significant Air Quality Impacts Because the Project Conflicts with CARB and County APCD Policy.

Where a local or regional policy of general applicability, such as an ordinance, is adopted to avoid or mitigate environmental effects, a conflict with that policy indicates a potentially significant impact on the environment. (Pocket Protectors v. Sacramento (2005) 124 Cal.App.4th 903.) Indeed, any inconsistencies between a proposed project and applicable plans must be discussed in an EIR. (14 CCR § 15125(d); City of Long Beach v. Los Angeles Unif.

School Dist. (2009) 176 Cal. App. 4th 889, 918; Friends of the Eel River v. Sonoma County Water Agency (2003) 108 Cal. App. 4th 859, 874 (EIR inadequate when lead agency failed to identify relationship of project to relevant local plans).) A Project’s inconsistencies with local plans and policies constitute significant impacts under CEQA. (Endangered Habitats League, Inc. v. County of Orange (2005) 131 Cal.App.4th 777, 783-4, 32 Cal.Rptr.3d 177; see also, County of El Dorado v. Dept. of Transp. (2005) 133 Cal.App.4th 1376 (fact that a project may be consistent with a plan, such as an air plan, does not necessarily mean that it does not have significant impacts).) Californians for Alternatives to Toxics v. Department of Food and Agriculture (2005) 136 Ca1.App.4th 1, 17 (“[c]ompliance with the law is not enough to support a finding of no significant impact under the CEQA.”). The recent Georgetown Preservation Society v. County of El Dorado (2018) 30 Cal.App.5th 358 echoes Pocket Protectors. These both apply the fair argument standard to a potential inconsistency with a plan adopted for environmental protection. Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099 says an EIR needs to analyze any topic for which a fair argument of significant impact is raised. As applied here, an EIR is Attachment 1

City Council Agenda December 5, 2023
November 29, 2023
Comment on IS/MND for Covelop Project
City of Paso Robles

warranted because of the Project’s conflict with the California Air Resources Board’s (“CARB”) policy as well as documented evidence from SLO County APCD that put the City on record notice about the Project’s conflict with APCD policies.

First, according to their 2005 Air Quality Land Use Handbook, CARB recommends a 1,000-foot buffer between sensitive land uses and distribution centers that accommodate more than 100 trucks per day. There are approximately 10 single-family residences and planned residential development within 1,000 feet of the Project site. Unfortunately, neither the AQ/GHG Analysis or IS/MND disclose the estimated number of heavy truck trips and resulting emissions from this Project, leading to an inaccurate analysis of estimated emissions and potential health risk impacts posed by the Project on these residences.

In addition, an October 9, 2023 Letter from the SLO County APCD to the City explained that an independent review of the Project “indicate that the construction phase impacts will likely exceed the APCD’s significance threshold values identified in Table 2-1 of the CEQA Air Quality Handbook…Therefore, APCD recommends that the City of Paso Robles add a mitigation measure that the project’s construction phase will either use low VOC paints (50 g of VOC per liter or lower) or source prefabricated/painted project materials to ensure the project is beneath the APCD’s ozone precursor quarterly threshold.” (APCD Letter, p. 3.) In response, LSA explained that given their own analysis that concluded the project would fall below the APCD’s significance thresholds and would result in less than significant regional air quality impacts, “identification and analysis of mitigation measures suggested in [SLO County APCD’s] comment letter is not required.”
Even despite rebutting the APCD’s comment, the City includes such mitigation measure as a condition of approval, such that “[t]he project’s construction phase shell either use low VOC paints (50 g of VOC per liter or lower) or source prefabricated/painted project materials to ensure the project is beneath the APCD’s ozone precursor quarterly threshold.” (City’s Response to Comments, p. 2.) However, upon reviewing the conditions of approval, such mitigation measure is not included, meaning that there is no guarantee that the Project will use low-VOC paints and that the Project’s environmental impacts during construction would fall below significance thresholds.

Regardless of LSA’s independent findings rebutting the air quality agency’s findings, APCD’s letter on the record constitutes a fair argument, supported by substantial evidence, that the Project will result in adverse environmental effects. Since the Project is inconsistent with CARB and APCD policy, both of which are intended to protect human health and the environment, this is substantial evidence of a fair argument that that the project may have Attachment 1

City Council Agenda December 5, 2023
November 29, 2023
Comment on IS/MND for Covelop Project
City of Paso Robles

significant adverse environmental impacts. As such, approval of the Project under the IS/MND is improper, and the City must instead prepare and analyze Project impacts under an EIR.

III. The MND’s Proposed Mitigation Measures are Neither Enforceable nor are they Feasible and Must be Amended to Better Reflect the Project Needs.

CEQA requires that policies and mitigation measures be enforceable and feasible. (CEQA Guidelines, § 15126.4(a)(1) & (2).) Policies that have no standards cannot be enforced against development projects. Where feasibility of a mitigation measure is called into question, the agency must demonstrate feasibility. In Sundstrom v County of Mendocino (1988) 202 Cal.App.3d 296, 308-309, mitigation calling for a future use permit for sludge disposal was improperly deferred because there was no evidence of feasibility in the face of uncertainty: “the record discloses that the applicant presented no plans for sludge disposal and that no solution was readily available.” (Id. at 308.)
In their response to comments, the City explains that the Initial Study adequately addresses removal and preservation policies for the Oak trees. However, the City’s response is irrelevant. SAFER’s analysis was not limited to the impacts on the present Oak trees, but rather regarding the trees’ habitat value for animal species, including the presence of nesting sites for avian species. The Initial Study, while it acknowledges the process of removing the trees and their condition, does not explain the subsequent impacts that removal would have on wildlife.

Therefore, contrary to the City’s response, it has not adequately addressed the Project’s impacts to biological resources. Furthermore, because the City’s response to SAFER’s comments regarding mitigation measures were only limited to its biological impacts, the City has failed to address SAFER’s comments regarding its mitigation measures for AQ/GHG impacts.

Dr. Smallwood and RCH propose numerous mitigation measures that could vastly reduce the above impacts. These mitigation measures, including but not limited to detection surveys for bats, construction monitoring, habitat loss, pest control, wildlife connectivity, should be analyzed in an EIR and imposed if feasible. Thus, since there is substantial evidence of a fair argument that the Project will have adverse biological and air quality/GHG impacts, an EIR is required to analyze and mitigate those impacts.

CONCLUSION
For the above reasons, SAFER believes that the IS/MND for the Project is wholly inadequate. SAFER requests that the City prepare an Environmental Impact Report (“EIR”) to analyze and mitigate the Project’s significant adverse environmental impacts. Thank you.

Sincerely,
Marjan R. Abubo

LOZEAU DRURY LLP
Attachment 1

City Council Agenda December 5, 2023
Council Agenda Report
From: Charlie Moloney, Interim Chief Building Official
Paul Patti, Battalion Chief/Fire Marshal
Subject: Introduction and First Reading of Ordinance Adopting 2022 California Building Standards Code with Local Amendments
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, § 15061, subd. (b)(3).

Date: December 5, 2023
Facts

1. The State of California updates the California Building Standards Code (CBSC) every three years. The California Building Standards Commission adopted the 2022 Edition of the California Building Standards Code, effective January 1, 2023, and codified in Title 24 of the California Code of Regulations.

2. California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the CBSC, 2022 Edition, which also includes certain such uniform codes as the 2022 California Administrative Code, the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, 2022 California Historical Building Code, the 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2022 California Referenced Standards Code.

3. Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City may adopt local amendments to the 2022 CBSC that are determined by the City Council to be reasonably necessary because of local climatic, geological, or topographical conditions.

4. Simplifying Title 17, Building and Construction, of the Paso Robles Municipal Code (the “Building Ordinance”) has removed several barriers to construction and has contributed to the desire to build in Paso Robles.

5. Staff has identified opportunities to further update the Building Ordinance, which would provide additional clarity in the field for City staff, developers, property owners, and residents.

Options

1. Take no action;

2. Introduce and waive first reading of Ordinance XXXX adopting the 2022 California Building Code with local amendments, and schedule a second reading and public hearing pursuant to Government Code section 6066;

3. Refer this item back to staff with direction for further analysis.

Analysis and Conclusions
The 2022 California Building Standards Code became effective statewide on January 1, 2023, and applies to building permit applications submitted from that date forward (permits submitted prior to January 1,

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2023, effective date continue to be subject to the 2019 Code). The California Building Code has become more stringent over time and has, in many ways, caught up with the City’s Building Ordinance. During the last code adoption process for the 2019 California Building Standards Code, City Staff worked closely with the development community to identify several of the municipal code provisions that were redundant with the 2019 California Building Code. During that process, eight pages of antiquated building security requirements and overly bureaucratic requirements for moving buildings were deleted from the City’s Building Ordinance. Language was also simplified to provide more clarity on the existing requirements.

Because the 2022 California Building Standards Code went into effect statewide on January 1, 2023, the City must adopt an ordinance to implement desired local amendments to the California Building Standards Code to address climatic, geological, and/or topographical conditions specific to the City of Paso Robles.

It is critical to have the local amendments adopted for clarity and continuity of enforceability. The draft ordinance proposes minor changes to the prior version of the local amendments.

The draft ordinance would make certain changes to Title 17 of the Municipal Code, including:

1. Coordination – updates references from the “2019 California Building Standards Code” to the “2022 California Building Standards Code.”

2. Deletion – deletes existing municipal code provisions that are no longer relevant or are otherwise redundant to the 2022 California Building Standards Code (e.g., permit expiration dates 180 days to 1 year).

3. Soils Exemption – there is a soils/geotechnical investigation requirement that the Building Official can waive under the Building and Residential Codes. The proposed amendment specifies when soil reports are not required, as long as additional criteria are met. A neighboring jurisdiction follows the same guidelines which have the support of soils engineers, civil engineers, and architects. This will help create consistency for developers locally.

4. Plumbing Pipe Insulation – this item was in the previous version of the local amendments because of historic climatic conditions but was previously deleted. Since that time, there has been confusion in the field as to this requirement’s continued existence. Restoring a direct reference to this requirement will add clarity for the City and developers.

A redline version of all proposed modifications and justification/clarification for the changes is attached to this staff report for reference. Council may choose to amend, modify, or refer the draft ordinance back to staff. In these scenarios, pushing back the adoption timeline will continue to extend the lapse in the enforceability of the local amendments.

Fiscal Impact
There are no direct fiscal impacts to the City by adopting this ordinance.

Recommendation (Option 1)

1. Introduce for first reading, by title only, Ordinance XXXX, an Ordinance of The City of El Paso De Robles, California, Amending Title 17 of the El Paso De Robles Municipal Code to Adopt by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including:
a. The 2022 California Administrative Code;

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b. The 2022 California Building Code, including Chapter 1; c. The 2022 California Residential Code;
d. The 2022 California Electrical Code;
e. The 2022 California Mechanical Code;
f. The 2022 California Plumbing Code;
g. The 2022 California Energy Code;
h. The 2022 California Historical Building Code;
i. The 2022 California Fire Code, including Chapter 1 and Appendices B and D thereto; j. The 2022 California Existing Building Code;
k. The 2022 California Green Building Standards Code;
l. The California Referenced Standards Code, 2022 Edition; and

2. Making Certain Amendments to Title 17.

Find the Action Exempt from the California Environmental Quality Act.

3. Schedule a public hearing on January 16, 2024, for second reading and adoption of Ordinance XXXX, pursuant to the requirements of Government Code section 6066.

Attachments

1. Ordinance XXXX – Code Adoption Ordinance
a. Exhibit A - Findings to Support Local Amendments

2. Existing Title 17 with Redlined Proposed Changes

3. Public Notice 2023-11-24

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Attachment 1
ORDINANCE NO. XXXX N.S.

An Ordinance of The City of El Paso De Robles, California, Amending Title 17 of the El Paso De Robles Municipal Code to Adopt by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including:

The 2022 California Administrative Code;
The 2022 California Building Code, including Chapter 1; The 2022 California Residential Code;
The 2022 California Electrical Code;
The 2022 California Mechanical Code;
The 2022 California Plumbing Code;
The 2022 California Energy Code;
The 2022 California Historical Building Code;
The 2022 California Fire Code, including Chapter 1 and Appendices B and D thereto; The 2022 California Existing Building Code;
The 2022 California Green Building Standards Code;
The California Referenced Standards Code, 2022 Edition; and Making Certain Amendments to Title 17
WHEREAS, in July 2022, the California Building Standards Commission adopted the 2022 Edition of the California Building Standards Code (“CBSC”), effective January 1, 2023, and codified in Title 24 of the California Code of Regulations (“CCR”); and WHEREAS, the CBSC consists of building standards that regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, electrical systems, plumbing, mechanical systems, and maintenance of all buildings in the state; and
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City of El Paso de Robles (the “City”) to adopt by reference the CBSC, 2022 Edition (Title 24 of the CCR), including certain uniform codes including the 2022 California Administrative Code, the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, 2022 California Historical Building Code, the 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2022 California Referenced Standards Code; and
WHEREAS, the City now desires to adopt the provisions of the 2022 CBSC; and WHEREAS, pursuant to sections 17958.7 and 18941.5 of the California Health & Safety Code, the City may adopt local amendments to the CBSC determined by the City Council to be reasonably necessary because of local climatic, geological, or topographical conditions; and

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WHEREAS, the City held a public hearing on December 5, 2023 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the CBSC as amended herein.

WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code section 6066; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. Municipal Code Amendment. Chapter 17.04 of the El Paso de Robles Municipal Code is hereby amended to read in its entirety as follows:
“Chapter 17.04 Uniform Codes

17.04.010 Technical building codes adopted—Copies on file.

The fourteen documents and their respective appendices as outlined herein, one copy of each of which are on file in the office of the city clerk, are hereby adopted by reference as amended in Title 17, and are being marked and designated as the:

1. 2022 California Administrative Code.

2. 2022 California Building Code, including Chapter 1.

3. 2022 California Residential Code.

4. 2022 California Electrical Code.

5. 2022 California Mechanical Code.

6. 2022 California Plumbing Code.

7. 2022 California Energy Code.

8. 2022 California Historical Building Code.

9. 2022 California Fire Code, including Chapter 1, and
Appendix B—Fire Flow Requirements for Buildings; and

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Appendix D—Fire Apparatus Access Roads.

10. 2022 California Existing Building Code.

11. 2022 California Green Building Standards Code.

12. 2022 California Referenced Standards Code.

13. Uniform Housing Code, 1997 Edition, as published by International Conference of Building Officials.

14. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition as published by International Conference of Building Officials.

17.04.020 Changes or additions to the California Building Code.

A. Section 105, Permits, is amended and subsections added as follows:
105.1.3 Start of Construction:

For the purpose of enforcement of this code, it shall be interpreted that any movement of soil or preparation for installation of foundation or utilities, other than that allowed under the jurisdiction of an approved grading permit shall signify the start of construction. Prior to start of construction, a valid building permit shall be secured. 105.1.4 Permit Revocation:

Should a permit be secured by check, later to be returned for insufficient funds or closed account, that this shall show just cause for revocation of any permits and posting of a Stop Work Order. In conjunction with posting of a Stop Work Order, the site shall be noticed for abatement. 105.1.5 Street Dedication as a Condition of Issuance of a Building Permit:

No Building Permit shall be issued for the construction, reconstruction or relocation of any building or structure abutting upon a street having a lesser width than that established by resolution of the City Council unless the following requirements in Sections 105.1.6 and 105.1.7 are complied with.
105.1.6 Dedication of Street Right-of-Way:

The owner of the lot shall make a perpetual and irrevocable offer of dedication to the City for public street purposes, and all uses

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appurtenant thereto, of a depth determined by the City Engineer based upon the Circulation Element of the General Plan and Official Plan Lines adopted by the City Council. It shall be the responsibility of the City Engineer to confirm that the required dedication(s) has/have been provided.
105.1.7 Setbacks:

The required setback shall be maintained for all buildings, structures, and improvements, including off-street parking, as measured from the right-of-way width. It shall be the responsibility of the Building Official to confirm that the required setbacks have been provided, based on property monuments established by a licensed surveyor.

B. Section 113, Board of Appeals, is amended and subsections added as follows:
113.1.1 In order to provide for interpretations of steps necessary to implement Title 24 of the California Code of Regulations or the technical codes adopted by the City pertaining to access or accommodations for the physically disabled, and those Chapters of the City of El Paso de Robles Municipal Code where the Board is specifically noted as being the entity responsible for the hearing of appeals, there is hereby established a City of Paso Robles Housing Advisory and Disabled Access Board of Appeals (hereinafter sometimes collectively referred to as "Building Board of Appeals" or "Board of Appeals").
113.1.2 Rules and Regulations.

The Board of Appeals shall adopt reasonable rules and regulations, subject to approval by the City Council, for conducting its business. 113.1.3 Appeals Procedure.

Any person aggrieved by a decision of the Building Official for the City pertaining to orders, decisions, or determinations relative to the application and interpretations of the Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings, Title 24 of the California Code of Regulations, or the technical codes adopted by the City, pertaining to access or accommodations for the physically disabled, shall have the right to appeal the decision as provided for under this chapter.

Decisions and actions regarding the enforcement of the
requirements of Division 13, Part 5.5 of the California Health and Safety Code may be appealed by any person to the Appeals Board for Disabled Access as provided for under this chapter.

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113.1.4 Appeal Hearing Fee.

A fee shall accompany an application for a hearing before the Building Board of Appeals. The purpose of the fee shall be to cover those costs incurred by the City to provide for the appeals process.

Appeal Fees shall be set by resolution, subject to review by City Council. Appeal fees will be reviewed periodically to ensure that the fees charged cover the costs associated with the appeals process. 113.1.5 Timing and form of appeal.

An appeal shall be filed with the Secretary of the Building Board of Appeals within fifteen (15) working days (holidays observed by the City are not working days) after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing in a form to be supplied by the secretary in addition to any other supporting materials the appellant may wish to furnish, setting forth the reasons for the appeal.

Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than five (5) working days prior to the date set for the hearing. Any City of Paso Robles Department Manager or designee shall have the right to be heard on any matter coming before the Board. 113.1.6 Hearing and decision.

The Secretary of the Board shall set the time and place for a hearing the appeal, and a notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Paso Robles, and notice shall also be given to the appellant by mailing, postage prepaid, at the address provided by the appellant in the letter of appeal at least ten (10) working days before the hearing date. The Board shall render all decisions in writing.
113.2.1 The Board of Appeals shall function as the "Local Appeals Board" and "Housing Appeals Board" as specified in Sections 17920.5 and 17920.6, respectively, of Division 13, Part 1.5 of the California Health and Safety Code. The Board shall also serve as the "local appeals board" specified in section 19957.5 of the California Health and Safety Code, in appeals relating to accommodations for the physically disabled.

The Board shall have no authority relative to interpretation of the administrative provisions of the codes adopted by the City, nor shall the

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Attachment 1
Board be empowered to waive requirements of any code adopted by the City.

The authority of the Board shall consist of the ability to consider appeals filed pursuant to this Chapter and give reasonable interpretations of the Chapter and the technical codes. When required to do so, the Board will conduct hearings regarding appeals of notices and/or orders relative to unsafe buildings.
113.3.2 Eligibility.

The Building Board of Appeals shall consist of five members and two (2) alternates; the Disabled Access Board of Appeals shall consist of the five members of the Board of Housing Appeals (two of the members of the board must work in construction and one member shall be a member of the public as required by Health & Safety Code § 19957.5) and shall be supplemented by two (2) additional members, both of whom shall be physically disabled when the appeal pertains to disabled access.

Members selected to hear an appeal shall reflect an area of expertise reflective of the appeal being heard.

Members of the Board of Appeals shall be qualified by experience and training to pass judgment upon matters pertaining to building construction and/or disabled access, as appropriate. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council. Each member of the Board shall comply with applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000 et seq. The Building Official shall be an ex officio member of the Board and shall act as secretary to said Board, but shall have no vote upon any matter before the Board.

Exception:

City employees shall not be eligible to serve on the Board of Appeals.
113.3.3 Term.

Terms of initial appointment shall be for a term of two (2) years for two (2) members and four (4) years for three (3) members. Subsequent appointments shall be for a term of four (4) years.

Terms for initial appointment of disabled members for the Disabled Access Appeals shall be two (2) years for one member and four (4) years for the second. Subsequent appointments shall be for a term of four (4)

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years.

C. Section 1803.2, Geotechnical Investigations – Investigations Required, is amended to read as follows:
1803.2 Investigations Required
Geotechnical investigations shall be conducted in accordance with Sections 1803.3 through 1803.5.

Exception: The building official shall be permitted to waive the requirement for a geotechnical investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and 1803.5.11.

The building official shall be permitted to waive the requirement for a foundation and soils investigation report for one-story, wood-frame, and light-steel-frame additions to Group R, Division 1 and 3 occupancies of 1,000 square feet of floor area or less, or new one-story, wood-frame, and light-steel-frame detached accessory structures 1,000 square feet of floor area or less, or one-story, wood-frame, and light-steel-frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability.

Minimum foundation for structures that do not require a soils report may be any one of the following:

1. Minimum 27” deep, 12” wide, with two (2) #5 bars, top and bottom.

2. Foundation design prepared, stamped, and signed by a licensed architect or engineer, specific to the proposed structure and including a statement of site suitability.

3. Alternative design approved by the building official due to the project’s minor scope, or evidence observed by site investigation, or substantive information provided by the project owner or their authorized agent.

17.04.021 Changes or additions to the California Residential Code.

A. Section R401.4, Soil Tests, is amended with a subsection added as follows:

R401.4.1.1.5 Alternate Procedures.

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The governing body of any city, county, or city and county may enact an ordinance prescribing an alternate procedure which is equal to or more restrictive than the procedures specified in Sections R401.4.1.1.1, R401.4.1.1.2 or R401.1.1.3.

The building official shall be permitted to waive the requirement of a foundation and soils investigation report for one-story, wood-frame, and light-steel-frame additions to Group R, Division 1 and 3 occupancies of 1,000 square feet of floor area or less, or new one-story, wood-frame, and light-steel-frame detached accessory structures 1,000 square feet of floor area or less, or one-story, wood-frame, and light-steel-frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability.

Minimum foundation for structures that do not require a soils report may be any one of the following:

1. Minimum 27” deep, 12” wide, with two (2) #5 bars, top and bottom.

2. Foundation design prepared, stamped, and signed by a licensed architect or engineer, specific to the proposed structure and including a statement of site suitability.

3. Alternative design approved by the building official due to the project’s minor scope, or evidence observed by site investigation, or substantive information provided by the project owner or their authorized agent.

17.04.030 Changes or additions to the California Fire Code.

B. Section 311, Vacant Premises, is amended with a subsection added as follows:
311.1.3 Securing Premises.

The owner, occupant or other persons having under their control of any property, or materials on property, damaged by fire, when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading, or other appropriate measures as directed by the Fire Chief within 24 hours of the incident.

C. Section 505, Premises Identification, is amended with subsections added as follows:
505.1.1 Address Identification.

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When the building or group of buildings (five units or more) is served by an alley or interior driveway, the numbers or alphabetical designation shall be displayed on a directory or annunciator board, approved by the Fire Chief, at each driveway or alley entrance. Senior housing, retirement villas, hotel and motel annunciator boards shall be of a Graphic type. The property owner, Homeowner's Association or individual in charge of the property shall be responsible for maintaining the directory.
505.1.2 Rear Door Address Numbers.

All buildings with access via an alley or other similar roadways shall have the address number provide on the rear door of the building or tenant space.

D. Section 507, Fire Protection Water Supplies, is amended with a subsection added as follows:
507.2.3 Installation Requirements.

Private fire service mains and water tank installation plans shall be reviewed and approved by the Fire Chief prior to installation. The Fire Chief shall conduct field verification for compliance with approved plans prior to the issuance of a Certificate of Occupancy.

Fire Suppression Backflow Devices shall be protected from freezing by one of the following methods:

1. A dedicated 20 amp, 120-volt receptacle, capable of
supporting the loads associated with commercially
available heat tapes shall be located within five feet of any backflow/check valve assembly.

2. An approved insulated cover providing a minimum
resistance factor of R-3. The insulation used must be of a minimum Class III flame spread index, with a smoke density no greater than 450.

E. Section 903.2 is amended to read as follows:
903.2 Where required.

Unless otherwise required by the Code for a lesser square footage, in the locations described in Sections 903.2.1 through 903.2.12, and Sections 903.2.14 through 903.2.21, approved automatic sprinkler systems shall be provided in all new buildings and structures where the total

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combination of both usable and unusable floor area exceeds 5,000 square feet.

Exceptions:

1. Group R Occupancies per Section 903.2.8 "Exceptions:" New Construction:

1. The area of mezzanines and additional stories above and below the ground floor shall be included in determining the areas where sprinklers are required. This requirement shall not preclude the installation of any separation walls
required by other sections of the Code.

2. The square footage of a building shall be computed using a combination of both usable and unusable floor area. Vent shafts and concealed spaces shall be considered when
computing building area. Areas of buildings may not be
reduced, subdivided, or compartmentalized into areas less than 5,000 square feet by the installation of separation walls. Courts meeting the requirements of Section 1206 of the California Building Code shall not be included in the calculation.

3. Plans for Fire Sprinkler systems shall be submitted for review prior to inspection of the structural frame.

4. Occupancies within Commercial Zones, in which the type of tenant is not known at the time of permit (i.e. Shell
Buildings), shall have the sprinkler system hydraulically designed to a minimum standard of N.F.P.A. #13, Ordinary Hazard Group III.

5. Occupancies within Industrial or Manufacturing Zones, when the type of tenant is not known at the time of
construction, shall have the sprinkler system hydraulically designed to a minimum standard N.F.P.A. hazard group, as determined by the Fire Chief.

Existing Construction:

An automatic fire sprinkler system shall be installed in all rooms, buildings, or structures when the following conditions are determined to exist:

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1. In conjunction with any change in the occupancy group assigned the structure under the California Building Code, the floor area exceeds 5,000 square feet.

2. The area of mezzanines shall be included in determining the areas where sprinklers are required. This requirement shall not preclude the installation of any separation walls
required by the Code.

3. The square footage of a building shall be computed using outside wall areas. Vent shafts and concealed spaces shall be considered when computing building area. Areas of
buildings may not be reduced, subdivided, or
compartmentalized into areas less than 5,000 square feet by the installation of separation walls. Courts meeting the requirements of Section 1206 of the California Building Code shall not be included in the calculation.

F. Section 903.3.7 is amended to read as follows:
903.3.7 Fire department connections.

Connections shall be located on the addressed side of the building and within 150 feet of a fire hydrant, with the exact location to be specified by the Fire Chief.

Exception: The Fire Chief may require connections in locations other than the addressed side when necessary due to response needs or unusual building configuration.

G. Section 5608, Fireworks Display, is amended with subsection added as follows:
5608.2 Fireworks Prohibited.

No person shall sell, display for sale, possess, store, or manufacture, use, light, fire, discharge, explode or set off any fireworks, including "Safe and Sane" fireworks anywhere within the city, except as allowed by the Fire Chief.

17.04.040 Changes or additions to the California Electrical Code.

A. Article 230.70, Service Equipment-Disconnecting Means, General, is amended with a subsection added as follows:
230.70.1. All electric services shall have a single main disconnect to disconnect all conductors in a building or structure. In all new construction

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and remodels involving fifty percent or more of the total square footage of the building, when the required disconnect is located within the building or in an area not readily accessible, a shunt trip shall be installed and wired to be activated by a 'Knox Switch' located in a readily accessible location on the exterior of the building as designated by the Fire Chief.

17.04.050 Changes or additions to the California Plumbing Code.

A. Section 312.0, Protection of Piping, Materials, and Structures, is amended with subsection added as follows:
312.6 Freezing Protection. No water, soil, or waste pipe shall be installed or permitted outside of a building, in attics or crawl spaces, or in an exterior wall unless, where necessary, adequate provision is made to protect such pipe from freezing.

Insulation providing a minimum resistance factor of R-3 or greater is required for all pipes 2” or less in diameter that are located in unconditioned spaces.

Commercial and residential fire suppression systems shall be provided with an insulation cover providing a minimum resistance factor of R-3. The insulation used must be of a minimum Class III flame spread index, with a smoke density no greater than 450.

B. Section 401.3, Water-Conserving Fixtures and Fittings, is amended with a subsection added as follows:
401.3.1. Equipment installed in automatic and coin operated car washes shall be capable of recycling a minimum of fifty percent (50%) of the water required for their daily operation.

C. Section 603.3, Backflow Prevention Devices, Assemblies, and Methods, is amended with subsections added as follows:
603.3.13. All new Commercial, Industrial, and Multi-family developments (two units or more) shall protect the city water supply through the installation of a Backflow - Reduced Pressure Device Prevention Device. Approval of the type and location of the device shall be the responsibility of the City Public Works Department. 603.3.14 Existing Commercial, Industrial, and Multi-family developments (two units or more) originally constructed without backflow-reduced pressure devices, shall retrofit and install a backflowreduced pressure device in conjunction with the issuance of any building or plumbing permit when the value of the work associated with the permit

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exceeds $2500.00. Approval of the type and location of the device shall be the responsibility of the City Public Works Department.

D. Section 608.2, Excessive Water Pressure, is amended with a subsection added as follows:
608.2.1. For potable water services up to and including one and one half (1-1/2) inch (38.1 mm) regulators, provision shall be made to prevent pressure on the building side of the regulator from exceeding main supply pressure. Approved regulators with integral by-passes are acceptable.

As a result of excessive water pressures found within the City of El Paso de Robles, pressure regulators complying with 608.2 above shall be installed on all new construction, and on all remodels consisting of changes to, or increases of the floor space in excess of 50% of the existing gross square footage.

E. Section 612, Residential Fire Sprinkler Systems, is amended with a subsection added as follows:
612.1.1. Passive purge fire sprinkler systems are a type of residential fire sprinkler system that serves a single toilet in addition to the fire sprinklers. The toilet shall be on a remote portion of the sprinkler system, or the system shall be designed as a loop so that the water moves through a majority of the fire sprinkler system piping when the toilet is flushed. Passive purge system non-metallic pipe and fittings shall be designed to withstand a working pressure of not less than 130 psi (8.9 bar) at 120 degrees (49C).

17.04.060 Building permit fees.

Building permit fees shall be as established in the city master fee schedule, as adopted by the City Council.

17.04.070 Penalty for violation.

Any person who violates any of the provisions of this chapter, or fails to comply with any order made thereunder, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor.” SECTION 3. Municipal Code Amendment. Section 17.12.010 of the El Paso de Robles Municipal Code is hereby amended to read in its entirety as follows:
“17.12.010 Protective enclosures for swimming pools, etc.

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A. Every person who owns or is in possession of any lot or premises on which there is situated a swimming pool, or pool, any structure intended for swimming or recreational bathing, including in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, non-portable wading pools, fish ponds, wading pools or any other outside body of water created by artificial means designated or used for swimming or other immersion purposes by men, women or children, any portion of which body of water is one and one-half feet or more in depth and in which the surface area of water does not exceed ten thousand square feet, public swimming pools operated for the use of the general public with or without charge, or for the use of the members and guests of a private club, (public swimming pool does not include a swimming pool located on the grounds of a private single-family home), shall maintain a fence, wall, or other structure on the lot or premises completely surrounding such body of water to make same inaccessible to children. Such fence, wall, or other structures shall comply with Article 2, commencing with Section 115920 of the State Health and Safety Code, relating to swimming pools as follows:

1. The top of the barrier shall be at least five feet above the grade measured on the side of the barrier that faces away from the swimming pool;

2. Any openings, gaps, or voids, if any, in the barrier shall not allow passage equal to or greater than a four inch diameter sphere;

3. Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions excepting tooled masonry joints;

4. If the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than fortyeight inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-quarters inches in width. If there are decorative cutouts, they shall not exceed one and three-quarters inches in width;

5. If the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members if forty-eight inches or more, spacing between vertical members shall not exceed four inches. If there are decorative cutouts within vertical members, spacings or openings within the cutouts shall not exceed one and three-quarters inches in width;

6. The maximum mesh size for chain link or wire fences shall be two inches structure. The wire shall not be less than twelve gauge;

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7. If the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than one and three-quarters inches;

8. Each access gate shall comply with the requirements of subsections (A)(1) through (A)(7) of this section, inclusive, and shall be equipped to accommodate a locking device.
a. Pedestrian-access gates shall open outward away from the pool and shall be self-closing and self-latching.
b. Gates other than pedestrian-access gates shall have a selflatching device. If the release mechanism of the self-latching device is located less than fifty-four inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate and the barrier shall have no opening greater than one-half inch maximum dimension within eighteen inches of the release mechanism.

9. The foregoing provisions shall apply to all permanent and to all portable or temporary structures including those designed or used for swimming or other immersion purposes by men, women, or children irrespective of the nature of the materials used in the construction and or the design thereof and irrespective of the length of time of use of such portable or temporary structure.
a. A pool located on a lot with a single-family dwelling or duplex may be protected by a fence around the pool or a fence around the entire lot; the walls of any such building may be used for a partial or complete enclosure of the pool. All other pools shall be protected by a fence around the pool itself.
b. In lieu of a permanent fence being required prior to starting construction, a temporary enclosure may be installed at time of excavation. Height and gate requirements for temporary
enclosures shall be the same as those for permanent fences.

The temporary enclosure is to be removed and the permanent enclosure installed in conjunction with installation of the finish decking around the pool or prior to final inspection.”
SECTION 4. Municipal Code Amendment. Chapter 17.18 of the El Paso de Robles Municipal Code is hereby amended to read in its entirety as follows:
“Chapter 17.18 – Amendments to the California Existing Building Code, Appendix A, Chapter A1

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17.18.010 California Existing Building Code.

The California Existing Building Code, Appendix A, Chapter A1 entitled Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, with the amendments set forth in this chapter, is adopted.

17.18.020 Scope.

Section A102 entitled "Scope" is amended for A102.1 to read as follows and subsection A102.3 is added as follows:

Section A102 Scope
A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A102.1. Except as provided herein, all other provisions of the California Building Code shall apply.

A102.3 Exceptions. The provisions of this chapter shall not apply to detached oneor two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes.

17.18.030 Definitions.

Section A103 entitled “Definitions” is amended to include the following additional definitions:

1. "Qualified Historical Building" means any structure included on the National Register of Historic Buildings or the state list of Significant Historic Buildings.

2. "Qualified Zones" means that zone or geographic area referenced under the State [California] Building Code establishing the potential earthquake hazard of a given area.

3. "Seismic Retrofit" means all work necessary to comply with the requirements of this chapter.

The above definitions shall be in addition to those contained in the California Building Code and International Existing Building Code Section A103.

17.18.040 Administrative provisions.

A new Section A115 entitled “Administrative Provisions” is added to read as follows:

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Section A115 Administrative provisions
A115.1 Compliance requirements.

A115.1.1 Structural analysis. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in this chapter, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in this chapter, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished.

A115.1.2 Twelve-month compliance requirements. Within twelve (12) months of the date of service of the order, the owner of a building within the scope of this chapter shall obtain one of the following from the Building Official:

1. A building permit to construct the seismic retrofit improvements identified in a structural analysis and plans for structural alteration of the building to comply with this chapter; or

2. A letter from the Building Official stating that he or she concurs with a structural analysis, which demonstrates that the building meets the minimum requirements of this chapter and therefore does not require seismic retrofitting; or

3. A permit for the demolition of the building. Issuance of a permit for demolition of a building shall be subject to compliance with the provisions of Chapter

17.16 (Demolition of Buildings and Structures) of the City of El Paso de Robles Municipal Code.

In order to meet the deadline set forth above, owners of buildings within the scope of this chapter must submit structural analyses, plans for structural alteration of the building, and/or applications to demolish their buildings at least 105 calendar days prior to the deadline to allow for the Building Official to review the analyses, plans, and/or applications to demolish and to find them to be in compliance with this chapter.

A115.1.3 Thirty-month compliance requirements. Within thirty (30) months of the date of service of the order, the owner of a building within the scope of this chapter shall complete construction of structural alterations or complete demolition of the building, as applicable.

A115.2 Historical buildings. Alterations or repairs to qualified historical buildings shall comply with the State Historical Building Code (Title 24, Building Standards, Part 8), in addition to this chapter.

A115.3 Order.

A115.3.1 Service. The building official shall issue an order as provided in this

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section to the owner of each building within the scope of this chapter. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall be accompanied by a copy of Section A115.1, which sets forth time limits for compliance.

A115.4 Recordation.

1. At the time that the Building Official serves the order as provided in Subsection A115.3.1, the Building Official shall also file with the San Luis Obispo County Clerk-Recorder's Office a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where compliance with this chapter has not been demonstrated.

2. If the building is either 1) demolished, 2) found not to be within the scope of this chapter or 3) is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the Building Official shall file with the San Luis Obispo County Clerk-Recorder' s Office a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.5 Appeal. Appeals or requests for modifications from any determinations, actions, or orders by the Building Official pursuant to this chapter shall be made to the Building Board of Appeals. Such appeal shall be filed with the Building Board of Appeals within sixty (60) days of the rendering of the decision being appealed. Such appeal shall be made in writing on appropriate forms provided therefore by the Building Official and the grounds thereof shall be stated clearly and concisely.

A115.6 Enforcement.

A. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this Chapter within the time limits set forth in Section A115.1, the Building Official shall verify that the recorded owner of this building has been properly served.

B. If the order has been served on the record owner, then the Building Official may order that the entire building, or any portion thereof, be vacated and that the building, or any portion thereof, remain vacated until such order has been complied with.

C. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered vacated or such additional time as

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may have been granted, the building is hereby declared a public nuisance, and the Building Official shall order abatement of the building.

D. Any person who violates any provision of this chapter is guilty of a misdemeanor and is subject to the penalty as provided for in Section 1.02.010 of the City of El Paso de Robles Municipal Code.

E. Appeals or requests for modifications from any determinations, actions, or orders by the Building Official pursuant to this section shall be handled in the manner set forth in Section A115.5.

A115.7 Full strengthening required prior to time frames set forth in Section A115.1. The Building Official shall require full compliance with the minimum seismic standards contained within this chapter before the time frames set forth in Section A115.1 upon the occurrence of any one of the following conditions:

1. Any change or conversion of an unreinforced masonry structure from its existing use to that of a more intensive use;

2. The remodel of a structure covered by this chapter, in an amount equaling fifty percent of the structure's value as determined using the latest edition of the Building Standards Valuation, published by the International Conference of Building Officials; and/or

3. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building.

A115.8 Certificate of compliance.

1. In accordance with Chapter 3, Section 70(d)(3) of the Revenue and Taxation Code, the Building Division shall, upon the completion of a seismic retrofit, file a certificate of compliance with the County Assessor's Office on or before the following April 15th.

2. The certificate of compliance shall establish that the work associated with the seismic retrofit was the result of a local ordinance related to seismic safety, and therefore shall not add value to the assessment role.

A115.9 Requirements for structural alteration plans - structural engineering.

The following construction information shall be included in the structural alteration plans submitted to the Building Official pursuant to Section A115.1 of this chapter:

1. Dimensioned floor and roof plans showing existing walls and the size and

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spacing of floor and roof framing member and sheathing materials. The plans shall indicate all existing and new crosswalls and their materials of construction. The location of the crosswalls and their openings shall be fully dimensioned or drawn to scale on the plans;

2. Dimensioned wall elevations showing openings, thicknesses, heights, the type of veneer, its thickness, and its bonding and/or ties to the structural wall masonry;

3. The extent and type of existing wall anchorage to floors and roof when used in the design;

4. The extent and type of parapet corrections which were previously performed, if any; and

5. Repair details, if any, of cracked or damaged unreinforced masonry walls.

A115.10 Material requirements.

A115.10.1 General. All materials permitted by this chapter, including their appropriate allowable design values substantiated by testing, may be utilized to meet the requirements of this chapter.

A115.10.2 Existing materials. All existing materials utilized as part of the required vertical load-carrying or lateral force-resisting system shall be tested or shall be repaired or removed and replaced with new materials.

A115.11 Upgrade design—requirements for expanded or continued use of a structure.

1. Except as modified herein, the analysis and design relating to the alteration of, or addition to, an existing building shall be in accordance with the California Building Code.

2. Contractors providing structural upgrades shall be licensed by the State of California in the trade(s) being performed to accomplish the upgrade.

3. Design documents and specifications pertaining to structural upgrades shall be prepared by an architect, structural engineer or civil engineer specializing in structural work, licensed by the State of California to practice as such.

4. Design documents and specifications shall comply with this chapter.

A115.12 Special requirements for qualified historical buildings.

A115.12.1 Purpose and Intent of this Section A115.11. The purpose and intent of this Section A115.11 shall be to minimize the effects of seismic strengthening on the

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exterior appearance of qualified historical buildings.

A115.12.2 Review by the City of El Paso de Robles Development Review Committee. Plans for seismic upgrading of qualified historical buildings shall be reviewed by the Development Review Committee. The basis of review shall be the design guidelines established by this chapter and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Properties, with the following special requirements:

1. Features of architectural or historical significance shall be retained and reattached, braced or stabilized, as required by applicable codes and/or the Building Official.

2. In-wall anchors shall be used on qualified historical buildings instead of through-wall anchors, especially on the principal facade.

3. Through-wall anchors on other facades may be permitted, provided that their locations and treatment are approved by the Development Review Committee.

4. Closure of historic openings on the principal facade shall not be permitted and shall be discouraged on secondary facades. If closure of such openings on secondary facades is unavoidable, the materials used shall be compatible with the existing exterior materials of the secondary facade wall.

5. Historic parapets shall be braced rather than removed.

6. Historic architectural veneer posing a safety hazard shall be stabilized and re-anchored to the building.

A115.12.3 Building Exterior.

1. In order to minimize the effect on the exterior appearance of a qualified historical building, plans showing proposed shear-test locations shall be submitted for review and approval by the Community Development Director or his or her designee, prior to any testing of the structure taking place.

2. Repairs after testing shall match the original adjacent existing building facade materials.

A115.13 Buildings with brick veneers, cornice work and/or parapets.

A115.13.1 Buildings constructed prior to 1972. The owner of each building constructed prior to 1972 with a brick veneer shall, upon service of an order and within the time limits set forth in this chapter, cause an analysis to be made of the veneer by an engineer or architect licensed by the state to practice as such and have such veneer examined to determine if it is anchored to the building structure in a manner consistent

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with the anchorage requirements contained in this chapter.

1. The owners of buildings within the scope of this Subsection shall be served written orders in the manner set forth in Sections A115.3 informing them of the requirements of this Subsection.

2. Within twelve (12) months of the date of service of the order, the owner of a building within the scope of this Subsection shall obtain from the Building Official a building permit to construct the seismic retrofit improvements identified in a structural analysis and plans for structural alteration of the brick veneer to comply with this Subsection.

3. Within thirty (30) months of the date of service of the order, the owner of a building within the scope of this Subsection shall complete anchoring of the brick veneer to meet the anchoring requirements of this chapter.

In order to meet the deadline set forth above, owners of buildings within the scope of this Subsection must submit structural analyses and plans for structural alteration of the building, and/or applications to demolish their buildings at least 105 calendar days prior to the deadline to allow for the Building Official to review the analyses, plans, and/or applications to demolish and to find them to be in compliance with this Chapter.

A115.13.2 Buildings from which brick veneers, cornice work, and/or parapets were removed as a result of the December 22, 2003 earthquake. Each owner of a building from which brick veneers, cornice work and/or parapets were removed as a result of the December 22, 2003 earthquake shall replace said veneers, cornices, and/or parapets.

1. The owners of buildings within the scope of this Subsection shall be served written orders in the manner set forth in Sections A115.3 informing them of the requirement to replace said veneers, cornices, and/or parapets. Said order shall inform building owners that veneers, cornice work and/or parapets shall be replaced with materials providing the same architectural/historical features originally removed.

2. Within twelve (12) months of the date of service of the order, the owner of a building within the scope of this Subsection shall obtain from the Building Official a building permit to construct the seismic retrofit improvements identified in a structural analysis and plans for structural alteration of the brick veneer, cornice, and/or parapet to comply with this Subsection.

3. Within thirty (30) months of the date of service of the order, the owner of a building within the scope of this Subsection shall complete all replacement work.

In order to meet the deadline set forth above, owners of buildings within the scope of this Subsection must submit structural analyses and plans for structural

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alteration of the building and/or applications to demolish their buildings at least 105 calendar days prior to the deadline to allow for the Building Official to review the analyses, plans, and/or applications to demolish and to find them to be in compliance with this Chapter.

A115.13.3 Appeals. Appeals of orders specified in this Section A115.12 shall be handled in the manner set forth in Section A115.5.

A115.14 Report to City Council. Within thirty (30) days of the deadlines established in Sections A115.1 and A115.12, the Building Official shall make a written report to the City Council explaining the status of compliance for each building served notice as set forth in Section A115.3.”
SECTION 5. Justifications for Local Amendments. The City Council hereby finds that the changes and modifications to the California Building Code, Residential Code, Fire Code, Electrical Code, Plumbing Code, and Existing Building Codes in Sections 17.04.020, 17.04.021, 17.04.030,

17.04.040, 17.04.050, 17.18.020, 17.18.030, and 17.18.040 of the El Paso de Robles Municipal Code are reasonably necessary because of the City’s local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City’s geological characteristics in that the area is characterized by geological instability; location in South-Central California; and the topography of the City.

The City Council hereby further finds that certain modifications to the State Building, Residential, Fire, Electrical, Plumbing, and Existing Building Codes in Sections 17.04.020,

17.04.021, 17.04.030, 17.04.040, 17.04.050, 17.18.020, 17.18.030, and 17.18.040 of the El Paso de Robles Municipal Code are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City’s staff and administrative agencies by means suited to the City’s experience with local climatic, geological, and topographical conditions, and to provide sufficient staff support for the time-consuming inspections and analysis required by the City’s fire and geological hazards.

Accordingly, the City Council finds the modifications in this Ordinance to the State Building Code, Residential Code, Fire Code, Electrical Code, Plumbing Code, and Existing Building Code to be necessary for the protection of the public health, safety, and welfare. The City Council hereby adopts all findings set forth in Exhibit “A” to this Ordinance.

SECTION 6. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission pursuant to section 17958.7 of the California Health and Safety Code.

SECTION 7. CEQA. The City Council finds that the adoption of the California Building Standards Code and these local amendments thereto is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guideline section 15061(b)(3) (the commonsense exemption). The action is largely administrative in nature and designed to

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improve and not degrade environmental quality such that there is no possibility that adopting this Ordinance would adversely affect the environment in any manner that could be significant.

SECTION 8. Severability. If any provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect any remaining provision hereof. The City Council of the City of El Paso de Robles hereby declares that it would have adopted this Ordinance despite any partial invalidity of its provisions.

SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage and adoption, consistent with California Government Code section 36937.

SECTION 10. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

INTRODUCED at a regular meeting of the City Council held on December 5, 2023, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
APPROVED AS TO FORM:

City Attorney

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Attachment 1
Exhibit A
Findings to Support Local Amendments to the
2022 Edition of the California Building Standards Code
Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and 18941.5, this Exhibit A to Ordinance No. ___ of the City of El Paso de Robles sets forth the City Council’s express findings and determinations justifying the City’s local amendments to the 2022 Edition of the California Building Standards Code as reasonably necessary because of local climatic, geologic, and/or topographic conditions.

Amendments to California Building Code (CBC)
Municipal Code
Section
CBC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)
Sec. 17.04.020 105.1.3 Requirement to secure valid building permit prior to soil preparation or
movement, installation of foundation
or utilities.

B1
105.1.4 Permit revocation A
105.1.5 No building permit for structures
abutting streets less than a certain
width without Council resolution
unless street dedication requirements
are met.

B1, B2
105.1.6 Dedication of street right-of-way. A
105.1.7 Setbacks B1, B2
113.1.1 Establishing Housing Advisory and
Disabled Access Board of Appeals
A
113.1.2 Requirement to adopt rules and
regulations for conduct of business
A

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113.1.3 Appeals procedure A
113.1.4 Appeal hearing fee A
113.1.5 Timing and form of appeal A
113.1.6 Hearing and decision A
113.2.1 Function as local appeals board A
113.3.2 Eligibility for Board of Appeals A
113.3.3 Term for Board of Appeal members A
1803.2 Establishing authority for building
official to make exceptions to soils
testing requirements
B1
Amendments to California Residential Code (CRC)
Municipal Code
Section
CRC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)
Sec. 17.04.021 R401.4.1.1.5 Alternate procedures for requiring soil tests
B1
Amendments to California Fire Code (CFC)

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Attachment 1
Municipal Code
Section
CFC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)
Sec. 17.04.030 311.1.3 Requirement of owner to secure
premises damaged by fire
B2
505.1.1 Signage on buildings served by alleys
or interior driveway
A
505.1.2 Rear door address numbers A
507.2.3 Requirement to review private fire
service mains and water tank
installation plans
B2
903.2 Automatic sprinkler systems, where
required
B2
903.3.7 Fire department connection locations B2
5608.2 Fireworks prohibited B2
Amendments to California Electrical Code (CEC)
Municipal Code
Section
CEC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)
Sec. 17.04.040 230.70.1 Service Equipment disconnecting means
B2
Amendments to California Plumbing Code (CPC)

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Attachment 1
Municipal Code
Section
CPC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)
Sec. 17.04.050 312.6 Making explicit requirement to
winterize pipes two inches or less in
diameter
B1, B3, B4
401.3.1 Car wash water recycling minimum
requirements
B3
603.3.13 Requirement for backflow-reduced
pressure prevention devices in new
developments
B2
603.3.14 Requirement to retrofit backflow
devices on existing units
B2
608.2.1 Requirement to prevent pressure on
building side of regulators exceeding
main supply pressure
B2
612.1.1 Minimum working pressure for
passive purge fire sprinkler systems
B2
Amendments to California Existing Buildings Code (CEBC) Municipal Code
Section
CEBC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)
Sec. 17.18.020 A102.1 General scope of chapter A
A102.3 Exception for detached one- and twofamily dwellings, apartment houses w/ less than five dwelling units solely
for residential purposes
B1, B2

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Attachment 1

17.18.030 A103 Added definitions for Qualified
Historical Building, Qualified Zones,
and Seismic Retrofit.

A

17.18.040 A115.1 (including
its subparts)
Administrative compliance provisions A
A115.2 Requiring qualifying historical building
alterations to comply with State
Historic Building Code
B1, B2
A115.3 (including
its subparts)
Orders of building official, notice
thereof
A
A115.4 Recordation of order A
A115.5 Appeal of order A
A115.6 Enforcement of order A
A115.7 Compliance with minimum seismic
standards, timeline for
B1
A115.8 Certificate of compliance A
A115.9 Requirements for structural alteration
plans
B1, B2
A115.10
(including its
subparts)
Material requirements B1, B2, B3

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A115.11 Upgrade design requirements for
expanded/continued use of structure
B1, B2
A115.12
(including its
subparts)
Special requirements for qualifying
historical buildings
B1, B2
A115.13
(including its
subparts)
Brick veneers, cornice work, parapets B1
A115.14 Appeals from special historical
building requirements
A
A115.15 Report to City Council explaining
compliance of each building ordered
to structurally analyze the building
Justifications KEY:

A – This is an administrative amendment, which does not modify a building standard as defined in California Health & Safety Code section 18909. The amendment establishes administrative procedures for the effective enforcement of the building standards in the City of El Paso de Robles.

B – This amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions:

1. The City of El Paso de Robles suffers from potential seismic and soils hazards posed by groundshaking, liquefaction, lurch cracking, landslides, erosion, expansive soils due to its local climate and proximity to the San Andreas fault.

The City has multiple masonry and brickface structures that are particularly vulnerable to seismic activity.

2. The City of El Paso de Robles contains many older woodframe structures that are particularly susceptible to fire. Dry summer months contribute to increased wildfire risk; much of the Paso Robles PIA is conducive to the spread of wildland fires.

3. The City is prone to flooding when storm flows exceed the transport capacity of creek and river channels, especially since the central portion of the City surrounds the Salinas River and encompasses its floodplain. FEMA Flood Insurance Rate Maps indicate that several areas within current City limits are located within a 100-year floodplain.

4. The City experiences sudden and potentially severe cold weather during winter months, creating unique risks associated with freezing pipelines and related utilities.

City Council Agenda December 5, 2023
El Paso de Robles, California, Code of Ordinances
Title 17 BUILDINGS AND CONSTRUCTION
El Paso de Robles, California, Code of Ordinances Created: 2023‐03‐02 15:21:29 [EST] (Supp. No. 61)

Title 17
BUILDINGS AND CONSTRUCTION1
Chapter 17.04 UNIFORM CODES2

17.04.010 Technical building codes adopted—Copies on file.

The fourteen documents and their respective appendices as outlined herein, one copy of each of which are on file in the office of the city clerk, are hereby adopted by reference as amended in Title 17, and are being marked and designated as the:

1. 202219 California Administrative Code.

2. 202219 California Building Code, including Chapter 1.

3. 202219 California Residential Code, including Appendix H—Patio Covers.

4. 202219 California Electrical Code.

5. 202219 California Mechanical Code.

6. 202219 California Plumbing Code.

7. 202219 California Energy Code.

8. 202219 California Historical Building Code.

9. 202219 California Fire Code, including Chapter 1 and:
1 Editor's note(s)—Ord. No. 1085 N.S., § 4, adopted November 19, 2019, repealed the former Title 17, §§

17.04.010—17.04.070, 17.08.010—17.08.080, 17.12.010—17.12.050, 17.16.010—17.16.060, 17.18.010—

17.18.040, 17.20.010—17.20.080, 17.25.010—17.25.060, 17.30.010—17.30.140, 17.35.010, and enacted a new Title 17, §§ 17.04.010—17.04.070, 17.08.010, 17.12.010—17.12.040, 17.16.010—17.16.060,

17.18.010—17.18.040, 17.20.010—17.20.080, 17.25.010—17.25.060. The former Title 17 pertained to similar subject matter and derived from Ord. 239 N.S., adopted 1961; Ord. 547 N.S., adopted 1988; Ord. 582 N.S., adopted 1989; Ord. 586 N.S., adopted 1989; Ord. 628 N.S., adopted 1992; Ord. 762 N.S., adopted 1999; Ord. 898 N.S., adopted 2005; Ord. 943 N.S., adopted 2008; Ord. 1017 N.S., adopted 2015; Ord. No. 1038 N.S., adopted November 15, 2016; Ord. No. 1043 N.S., adopted 10‐3‐2017.

Cross reference(s)—For provisions concerning the director of public works as building, plumbing, electrical inspector, see § 2.36.010 of this code; for food and drink establishments, see Ch. 7.12 of this code; for street addresses, house numbers, see Ch. 11.08 of this code.

State law reference(s)—For statutory provisions authorizing cities to adopt codes by reference, see Gov. Code § 386.60.
2 State law reference(s)—For statutory authority to regulate construction and removal of buildings, see Gov. Code §§ 38601 and 38660; for provisions establishing fire zones, see Ch. 16.04 of this code; for provisions regulating signs, see Ch. 21.19 of this code.

Attachment 2

City Council Agenda December 5, 2023
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(Supp. No. 61)

Appendix B‐ Fire Flow Requirements for Buildings
Appendix D—Fire Apparatus Access Roads.

10. 202219 California Existing Building Code.

11. 202219 California Green Building Standards Code.

12. 202219 California Referenced Standards Code.

13. Uniform Housing Code, 1997 Edition as published by International Conference of Building Officials.

14. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition as published by International Conference of Building Officials.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.04.020 Changes or additions to the California Building Code.

A. Section 105, Permits, is amended and subsections added as follows:
105.1.3 Start of Construction:

For the purpose of enforcement of this code, it shall be interpreted that any movement of soil or preparation for installation of foundation or utilities, other than that allowed under the jurisdiction of an approved grading permit shall signify the start of construction. Prior to start of construction, a valid building permit shall be secured. 105.1.4 Permit Revocation:

Should a permit be secured by check, later to be returned for insufficient funds or closed account, that this shall show just cause for revocation of any permits and posting of a Stop Work Order. In conjunction with posting of a Stop Work Order, the site shall be noticed for abatement. 105.1.5 Street Dedication as a Condition of Issuance of a Building Permit:

No Building Permit shall be issued for the construction, reconstruction or relocation of any building or structure abutting upon a street having a lesser width than that established by resolution of the City Council unless the following requirements in Sections 105.1.6 and 105.1.7 are complied with. 105.1.6 Dedication of Street Right‐of‐Way:

The owner of the lot shall make a perpetual and irrevocable offer of dedication to the City for public street purposes, and all uses appurtenant thereto, of a depth determined by the City Engineer based upon the Circulation Element of the General Plan and Official Plan Lines adopted by the City Council. It shall be the responsibility of the City Engineer to confirm that the required dedication(s) has/have been provided. 105.1.7 Setbacks:

The required setback shall be maintained for all buildings, structures and improvements, including off‐street parking, as measured from the right‐of‐way width. It shall be the responsibility of the Building Official to confirm that the required setbacks have been provided, based on property monuments established by a licensed surveyor.

The first sentence of Section 105.5, Expiration, is amended to read as follows:
105.5 Expiration:

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for a period of not more than 180 days per extension. The Attachment 2

City Council Agenda December 5, 2023
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extension shall be requested in writing prior to the permit expiring and show justifiable cause demonstrating that circumstances beyond the control of the permittee have prevented action from being taken.

B. Section 113, Board of Appeals, is amended and subsections added as follows:
113.1.1 In order to provide for interpretations of steps necessary to implement Title 24 of the California Code of Regulations or the technical codes adopted by the City pertaining to access or accommodations for the physically disabled, and those Chapters of the City of El Paso de Robles Municipal Code where the Board is specifically noted as being the entity responsible for the hearing of appeals, there is hereby established a City of Paso Robles Housing Advisory and Disabled Access Board of Appeals (hereinafter sometimes collectively referred to as "Building Board of Appeals" or "Board of Appeals").
113.2.1 The Board of Appeals shall function as the "Local Appeals Board" and "Housing Appeals Board" as specified in Sections 17920.5 and 17920.6, respectively, of Division 13, Part 1.5 of the California Health and Safety Code. The Board shall also serve as the "local appeals board" specified in section 19957.5 of the California Health and Safety Code, in appeals relating to accommodations for the physically disabled.

The Board shall have no authority relative to interpretation of the administrative provisions of the codes adopted by the City, nor shall the Board be empowered to waive requirements of any code adopted by the City.

The authority of the Board shall consist of the ability to consider appeals filed pursuant to this Chapter and give reasonable interpretations of the Chapter and the technical codes. When required to do so, the Board will conduct hearings regarding appeals of notices and/or orders relative to unsafe buildings. 113.3.1 Board of Appeals. The Building Board of Appeals shall consist of five members and two (2) alternates; the Disabled Access Board of Appeals shall consist of the five members of the Board of Housing Appeals (two of the members of the board must work in construction and one member shall be a member of the public as required by Health & Safety Code § 19957.5) and shall be supplemented by two (2) additional members, both of whom shall be physically disabled when the appeal pertains to disabled access.

Members selected to hear an appeal shall reflect an area of expertise reflective of the appeal being heard.

Members of the Board of Appeals shall be qualified by experience and training to pass judgment upon matters pertaining to building construction and/or disabled access, as appropriate. Members of the Board of Appeals shall be appointed by, and serve at the pleasure of the City Council. Each member of the Board shall comply with applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000 et seq. The Building Official shall be an ex officio member of the Board and shall act as secretary to said Board, but shall have no vote upon any matter before the Board.
113.54 Eligibility.

Any individual meeting those criteria as set forth in subsection 113.3.1 above shall be eligible to serve on the Board of Appeals.

Exception:

Employees of the City shall not be eligible to serve on the Board of Appeals. 113.65 Term.

Terms of initial appointment shall be for a term of two (2) years for two (2) members and four (4) years for three (3) members. Subsequent appointments shall be for a term of four (4) years.

Terms for initial appointment of disabled members for the Disabled Access Appeals shall be two (2) years for one member and four (4) years for the second. Subsequent appointments shall be for a term of four (4) years. 113.76 Rules and Regulations.

Commented [DK1]: Absorbed by CBC 105.5.1
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The Board of Appeals shall adopt reasonable rules and regulations, subject to approval by the City Council, for conducting its business.
113.87 Appeals Procedure.

Any person aggrieved by a decision of the Building Official for the City pertaining to orders, decisions, or determinations relative to the application and interpretations of the Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings, Title 24 of the California Code of Regulations or the technical codes adopted by the City, pertaining to access or accommodations for the physically disabled, shall have the right to appeal the decision as provided for under this chapter.

Decisions and actions regarding the enforcement of the requirements of Division 13, Part 5.5 of the California Health and Safety Code may be appealed by any person to the Appeals Board for Disabled Access as provided for under this chapter.
113.98 Appeal Hearing Fee.

A fee shall accompany an application for a hearing before the Building Board of Appeals. The purpose of the fee shall be to cover those costs incurred by the City to provide for the appeals process.

Appeal Fees shall be set by resolution, subject to review by City Council. Appeal fees will be reviewed periodically to ensure that the fees charged cover the costs associated with the appeals process. 113.109 Timing and form of appeal.

An appeal shall be filed with the Secretary of the Building Board of Appeals within fifteen (15) working days (holidays observed by the City are not working days) after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing in a form to be supplied by the secretary in addition to any other supporting materials the appellant may wish to furnish, setting forth the reasons for the appeal.

Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than five (5) working days prior to the date set for the hearing. Any City of Paso Robles Department Manager or designee shall have the right to be heard on any matter coming before the Board.
113.110 Hearing and decision.

The Secretary of the Board shall set the time and place for a hearing the appeal, and a notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Paso Robles, and notice shall also be given to the appellant by mailing, postage prepaid, at the address provided by the appellant in the letter of appeal at least ten (10) working days before the hearing date. The Board shall render all decisions in writing. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
C. Section 1803,  Geotechnical Investigations, is amended and subsections added as follows:
1803.2 Investigations required:

Geotechnical investigations shall be conducted in accordance with Sections 1803.3 through 1803.5.

Exception: The building official shall be permitted to waive the requirement for a geotechnical investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and 1803.5.11.

The building official may not require a foundation and soils investigation report for one‐story, wood‐frame and light‐steel‐frame additions to Group R, Division 1 and 3 occupancies of 1,000 square feet of floor area or less, or Attachment 2

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new one‐story, wood‐frame and light‐steel‐frame detached accessory structures 1,000 square feet of floor area or less, or one‐story, wood‐frame and light‐steel‐frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability.

Minimum foundation for structures that do not require a soils report may be any one of the following:

1. Minimum 27” deep, 12” wide, with 2 #5 bars top and bottom.

2. Foundation design prepared, stamped, and signed by a licensed architect or engineer, specific to the proposed structure with a statement of site suitability.

3. Alternative design approved by Building Official due to minor scope of project, or evidence observed by site investigation, or substantive information provided by project owner or authorized agent.

17.04.021 Changes or additions to the California Residential Code.

A. Section R401.4, Soil tests, is amended and subsection added as follows:

R401.4.1.1.5 Alternate procedures.

The governing body of any city, county, or city and county may enact an ordinance prescribing an alternate procedure which is equal to or more restrictive than the procedures specified in Sections R401.4.1.1.1, R401.4.1.1.2 and R401.1.1.3.

The building official may not require a foundation and soils investigation report for one‐story, wood‐frame and light‐steel‐frame additions to Group R, Division 1 and 3 occupancies of 1,000 square feet of floor area or less, or new one‐story, wood‐frame and light‐steel‐frame detached accessory structures 1,000 square feet of floor area or less, or one‐story, wood‐frame and light‐steel‐frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability.

Minimum foundation for structures that do not require a soils report may be any one of the following:

1. Minimum 27” deep, 12” wide, with 2 #5 bars top and bottom.

2. Foundation design prepared, stamped, and signed by a licensed architect or engineer, specific to the proposed structure with a statement of site suitability.

3. Alternative design approved by Building Official due to minor scope of project, or evidence observed by site investigation, or substantive information provided by project owner or authorized agent.

17.04.030 Changes or additions to the California Fire Code.

A. Section 311, Vacant Premises, is amended with a subsection added as follows:
311.1.3 Securing Premises.

The owner, occupant or other persons having under their control of any property, or materials on property, damaged by fire, when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading or other appropriate measures as directed by the Fire Chief within 24 hours of the incident.

B. Section 505, Premises Identification, is amended with subsections added as follows:
505.1.1 Address Identification.

When the building or group of buildings (five units or more) is served by an alley or interior driveway, the numbers or alphabetical designation shall be displayed on a directory or annunciator board, approved by the Fire Chief, at Formatted: List 2
Commented [DK2]: Building Code and Residential Code –
adding information on the soils requirement provision
allowed in the Code for the Building Official to have
exceptions. A neighboring jurisdiction follows these same guidelines which have been in support of soils engineers and local civil engineers (and will help create requirement consistency for developers).

Formatted: List 2
Commented [DK3]: Building Code and Residential Code –
adding information on the soils requirement provision
allowed in the Code for the Building Official to have
exceptions. A neighboring jurisdiction follows these same guidelines which have been in support of soils engineers and local civil engineers (and will help create requirement consistency for developers).

Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:28 [EST]
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each driveway or alley entrance. Senior housing, retirement villas, hotel and motel annunciator boards shall be of a Graphic type. The property owner, Homeowner's Association or individual in charge of the property shall be responsible for maintaining the directory.
505.1.2 Rear Door Address Numbers.

All buildings with access via an alley or other similar roadways shall have the address number provide on the rear door of the building or tenant space.

C. Section 507, Fire Protection Water Supplies, is amended with a subsection added as follows:
507.2.3 Installation Requirements.

Private fire service mains and water tank installation plans shall be reviewed and approved by the Fire Chief prior to installation. The Fire Chief shall conduct field verification for compliance with approved plans prior to the issuance of a Certificate of Occupancy.

Fire Suppression Backflow Devices shall be protected from freezing by one of the following methods:

1. A dedicated 20 amp, 120‐volt receptacle, capable of supporting the loads associated with commercially available heat tapes shall be located within five feet of any backflow/check valve assembly.

2. An approved insulated cover providing a minimum resistance factor of R‐3. The insulation used must be of a minimum Class III flame spread index, with a smoke density no greater than 450.

D. Section 903.2 is amended to read as follows:
903.2 Where required.

Unless otherwise required by the Code for a lesser square footage, in the locations described in Sections 903.2.1 through 903.2.12, approved automatic sprinkler systems shall be provided in all new buildings and structures where the total combination of both usable and unusable floor area exceeds 5,000 square feet.

Exceptions:

1. Group R Occupancies per Section 903.2.8 "Exceptions:" New Construction:

1. The area of mezzanines and additional stories above and below the ground floor shall be included in determining the areas where sprinklers are required. This requirement shall not preclude the installation of any separation walls required by other sections of the Code.

2. The square footage of a building shall be computed using a combination of both usable and unusable floor area. Vent shafts and concealed spaces shall be considered when computing building area. Areas of buildings may not be reduced, subdivided, or compartmentalized into areas less than 5,000 square feet by the installation of separation walls. Courts meeting the requirements of Section 1206 of the California Building Code shall not be included in the calculation.

3. Plans for Fire Sprinkler systems shall be submitted for review prior to inspection of the structural frame.

4. Occupancies within Commercial Zones, in which the type of tenant is not known at the time of permit (i.e. Shell Buildings), shall have the sprinkler system hydraulically designed to a minimum standard of N.F.P.A. #13, Ordinary Hazard Group III.

5. Occupancies within Industrial or Manufacturing Zones, when the type of tenant is not known at the of construction, shall have the sprinkler system hydraulically designed to a minimum standard N.F.P.A. hazard group, as determined by the Fire Chief.

Existing Construction:

Attachment 2

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An automatic fire sprinkler system shall be installed in all rooms, buildings or structures when the following conditions are determined to exist:

1. In conjunction with any change in the occupancy group assigned the structure under the California Building Code, and the floor area exceeds 5,000 square feet.

2. The area of mezzanines shall be included in determining the areas where sprinklers are required. This requirement shall not preclude the installation of any separation walls required by the Code.

3. The square footage of a building shall be computed using outside wall areas. Vent shafts and concealed spaces shall be considered when computing building area. Areas of buildings may not be reduced, subdivided, or compartmentalized into areas less than 5,000 square feet by the installation of separation walls. Courts meeting the requirements of Section 1206 of the California Building Code shall not be included in the calculation.

Section 903.3.7 is amended to read as follows:
903.3.7 Fire department connections.

Connections shall be located on the addressed side of the building and within 150 feet of a fire hydrant, with the exact location to be specified by the Fire Chief.

Exception: The Fire Chief may require connections in locations other than the addressed side when necessary due to response needs or unusual building configuration.

E. Section 5608, Fireworks Display, is amended with subsection added as follows:
5608.2 Fireworks Prohibited.

No person shall sell, display for sale, possess, store, or manufacture, use, light, fire, discharge, explode or set off any fireworks, including "Safe and Sane" fireworks anywhere within the city, except as allowed by the Fire Chief. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.04.040 Changes or additions to the California Electrical Code.

Changes or additions to the California Electrical Code, referenced to in Section 17.04.010 are as follows:

1. Article 230.70, Service Equipment‐Disconnecting Means, General, is amended with a subsection added as follows:
230.70.1 All electric services shall have a single main disconnect to disconnect all conductors in a building or structure. In all new construction and remodels involving fifty percent or more of the total square footage of the building, when the required disconnect is located within the building or in an area not readily accessible, a shunt trip shall be installed and wired to be activated by a 'Knox Switch' located in a readily accessible location on the exterior of the building as designated by the Fire Chief. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.04.050 Changes or additions to the California Plumbing Code.

Changes or additions to the California Plumbing Code referred to in Section 17.04.010 are as follows:

A. Section 312.0, Protection of Piping, Materials and Structures, is amended with subsection as follows:
312.6 No water, soil, or waste pipe shall be installed or permitted outside of a building, in attics or crawl spaces, or in an exterior wall unless, where necessary, adequate provision is made to protect such pipe from freezing.

Formatted: Indent: First line: 0"
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Insulation providing a minimum resistance factor of R‐3 or greater is required for all pipes 2” or less in diameter that are located in unconditioned spaces.

Commercial and residential fire suppression systems shall be provided with an insulation cover providing a minimum resistance factor of R‐3. The insulation used must be of a minimum Class III flame spread index, with a smoke density no greater than 450.

B.1. Section 401.3, Water‐Conserving Fixtures and Fittings, is amended with a subsection added as follows:
401.3.1 Equipment installed in automatic and coin operated car washes shall be capable of recycling a minimum of fifty percent (50%) of the water required for their daily operation.

C.

2. Section 603.3, Backflow Prevention Devices, Assemblies, and Methods, is amended with subsections added as follows:
603.3.130 All new Commercial, Industrial, and Multi‐family developments (two units or more) shall protect the city water supply through the installation of a Backflow ‐ Reduced Pressure Device Prevention Device. Approval of the type and location of the device shall be the responsibility of the City Public Works Department. 603.3.141 Existing Commercial, Industrial, and Multi‐family developments (two units or more) originally constructed without backflow ‐ reduced pressure devices, shall retrofit and install a backflow ‐ reduced pressure device in conjunction with the issuance of any building or plumbing permit when the value of the work associated with the permit exceeds $2500.00. Approval of the type and location of the device shall be the responsibility of the City Public Works Department.

D.3. Section 608.2, Excessive Water Pressure, is amended with a subsection added as follows:
608.2.1 For potable water services up to and including one and one half (1‐1/2) inch (38.1 mm) regulators, provision shall be made to prevent pressure on the building side of the regulator from exceeding main supply pressure. Approved regulators with integral by‐passes are acceptable.

As a result of excessive water pressures found within the City of El Paso de Robles, pressure regulators complying with 608.2 above shall be installed on all new construction, and on all remodels consisting of changes to, or increases of the floor space in excess of 50% of the existing gross square footage.

E.4. Section 612, Residential Fire Sprinkler Systems, is amended with a subsection added as follows:
612.1.1 Passive purge fire sprinkler systems are a type of residential fire sprinkler system that serves a single toilet in addition to the fire sprinklers. The toilet shall be on a remote portion of the sprinkler system or the system shall be designed as a loop so that the water moves through a majority of the fire sprinkler system piping when the toilet is flushed. Passive purge system non‐metallic pipe and fittings shall be designed to withstand a working pressure of not less than 130 psi (8.9 bar) at 120 degrees (49C). (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.04.060 Building permit fees.

Building permit fees shall be as established in the city master fee schedule, as adopted by the city council. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Commented [DK4]: This was previously in the municipal
code. Existing code  provides staff with the ability to make this a "provision" (requirement) but in real life application, there has been confusion in the field. We need to have the requirement for staff and developers to be on the same
page.

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Formatted: Normal
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: 0", First line: 0"
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17.04.070 Penalty for violation.

Any person who violates any of the provisions of this chapter, or fails to comply with any order made thereunder, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Chapter 17.08 MOVING BUILDINGS3

17.08.010 Permit required.

No building or structure shall be moved to or relocated at any site location within the city, nor shall the public streets within the city be used therefor, without the required permits. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Chapter 17.12 SECURITY OF BODIES OF WATER TO BE USED FOR THE PURPOSE

OF HUMAN IMMERSION

17.12.010 Protective enclosures for swimming pools, etc.

A. Every person who owns or is in possession of any lot or premises on which there is situated a swimming pool, or pool, any structure intended for swimming or recreational bathing, including in‐ground and above‐ground structures and includes, but is not limited to, hot tubs, spas, portable spas, non‐portable wading pools, fish ponds, wading pools or any other outside body of water created by artificial means designated or used for swimming or other immersion purposes by men, women or children, any portion of which body of water is one and one‐half feet or more in depth and in which the surface area of water does not exceed ten thousand square feet, public swimming pools operated for the use of the general public with or without charge, or for the use of the members and guests of a private club, (public swimming pool does not include a swimming pool located on the grounds of a private single‐family home), shall maintain a fence, wall, or other structure on the lot or premises completely surrounding such body of water to make same inaccessible to children.

Such fence, wall, or other structures shall comply with Article 2, commencing with Section 115920 of the State Health and Safety Code, relating to swimming pools as follows:

1. The top of the barrier shall be at least five feet above the grade measured on the side of the barrier that faces away from the swimming pool;

2. Any openings, gaps, or voids, if any, in the barrier shall not allow passage equal to or greater than a four inch diameter sphere;

3. Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions excepting tooled masonry joints;

4. If the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty‐eight inches, the horizontal members shall be located on the 3 State law reference(s)—See California Government Code §§ 38601, 38660.

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swimming pool side of the fence. Spacing between vertical members shall not exceed one and three‐ quarters inches in width. If there are decorative cutouts, they shall not exceed one and three‐quarters inches in width;

5. If the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members if forty‐eight inches or more, spacing between vertical members shall not exceed four inches. If there are decorative cutouts within vertical members, spacings or openings within the cutouts shall not exceed one and three‐quarters inches in width;

6. The maximum mesh size for chain link or wire fences shall be two inches structure. The wire shall not be less than twelve gauge;

7. If the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than one and three‐quarters inches;

8. a. Each access gate shall comply with the requirements of subsections (A)(1) through (A)(7) of this section, inclusive, and shall be equipped to accommodate a locking device. b. Pedestrian‐access gates shall open outward away from the pool and shall be self‐closing and self‐ latching.
c. Gates other than pedestrian access gates shall have a self‐latching device. If the release mechanism of the self‐latching device is located less than fifty‐four inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate and barrier have no opening greater than one‐half inch maximum dimension within eighteen inches of the release mechanism.

9. a. The forgoing provisions shall apply to all permanent and to all portable or temporary structures including those designed or used for swimming or other immersion purposes by men, women or children irrespective of the nature of the materials used in the construction and or the design thereof and irrespective of the length of time of use of such portable or temporary structure. b. A pool located on a lot with a single‐family dwelling or duplex may be protected by a fence around the pool or a fence around the entire lot; the walls of any such building may be used for a partial or complete enclosure of the pool. All other pools shall be protected by a fence around the pool itself.
c. In lieu of a permanent fence being required prior to starting of construction, a temporary enclosure may be installed at time of excavation. Height and gate requirements for temporary enclosures shall be the same as those for permanent fences. The temporary enclosure is to be removed and the permanent enclosure installed in conjunction with installation of the finish decking around the pool or prior to final inspection.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.12.020 Doors or gates.

A. All doors or gates shall be of such size as to completely fill any opening in the fence, wall, or other structure large enough to admit a child and shall be of such size and design so as not to admit any child when it is in a closed position. Such door or gate shall be secured with a locking device or equipped with self‐closing and self‐latching devices capable of keeping such gate or door securely closed. Such closing or latching devices shall be located not less than fifty‐four inches above grade or otherwise be inaccessible from the outside to small children. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an exit alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible Attachment 2

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alarm shall activate within seven seconds and sound continuously for a minimum of thirty seconds after the door and/or its screen if present, are opened and be capable of being heard throughout the house during normal household activities. The exit alarm shall automatically reset under all conditions. In lieu of self‐ closing and self‐latching devices at pools where a direct fee is charged and/or where continuous lifeguard service is provided, doors and gates may be equipped with locks which shall be kept locked at all times when said pool, pond, or other body of water is not in actual use. Lifeguard service shall be as defined in Section 115028 of the Californian Health and Safety Code.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.12.030 Filling swimming pool illegal without fence surrounding pool.

The requirements contained within this chapter shall be applicable to any pool building or installed after adoption of this chapter. Consistent with Section 17928 of the State Health and Safety Code any pool transferred to a new owner on or after July 1, 1992, shall be entirely enclosed with a barrier which restricts access to the swimming pool from public or adjacent private property.

Every person who fills with water [or] causes the filling with water any swimming pool required to be fenced by this chapter before the required fence is erected is guilty of a misdemeanor. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.12.040 Penalty for violation.

Any person who violates any of the provisions of this chapter, or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken or who fails to comply with such an order as affirmed or modified by the jurisdiction, within the time affixed herein, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Chapter 17.16 DEMOLITION OF BUILDINGS AND STRUCTURES

17.16.010 Purpose and intent.

The purpose of this chapter is to protect buildings, structures, and features which reflect special elements of the city's heritage and to seek alternatives to demolition for important historical resources. The protection and preservation of cultural resources are required in the interest of the health, prosperity, social and cultural enrichment, and general welfare of the people.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.16.020 Permit required.

No person shall demolish any building or structure until a permit has been issued by the building official in accordance with the provisions set forth in this chapter. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:28 [EST]
(Supp. No. 61)

17.16.030 Application for permit.

An application for a permit to wreck, demolish, or raze a building or structure shall be submitted to the building official. An application shall state:

1. The precise location of the building or structure to be demolished identifying the building or structure to be removed and distances to the neighboring buildings, property lines, streets or right of ways, and public utilities;

2. The type of equipment to be used to demolish the building or structure;

3. The length, width, height, and principal materials or construction of the building or structure;

4. The length of time required to complete the proposed demolition work;

5. The name and address of the owner(s) of the building or structure;

6. Proof of permission from the owner(s) and other vested interests to do the proposed work;

7. Method(s) of proposed demolition; and

8. Any other information deemed necessary by the building official. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.16.040 Determination of historic or architectural significance.

Upon receipt of an application for a permit to demolish a building or structure, the building official shall forward the application to the planning division of the community development department. The city planner shall determine whether the building or structure is a potential historic or architectural resource, using the following criteria:

1. Inclusion on any list of historic and cultural resources, including, but not limited to, the National Register of Historic Buildings, the state list of significant historic buildings, the 1981‐1984 Historic Resources Survey conducted by the community development department or any other recognized source of historic and cultural resources for the city; and

2. An evaluation of the building or structure based upon the following criteria:
a. Whether the building or structure reflects special elements of the city's historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development; or b. Whether the building or structure is identified with persons or events significant in local, state, or national history; or
c. Whether the building or structure embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or whether the building or structure represents an established and familiar visual feature of a neighborhood or community of the city.

The city planner shall make his/her determination within thirty days from the date the application for demolition is submitted.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:28 [EST]
(Supp. No. 61)

17.16.050 Processing procedures.

A. Nonsignificant Buildings or Structures. If the building or structure to be demolished is determined by the city planner as having no historic, architectural or aesthetic significance to the city, the city planner shall refer the matter back to the building official with recommendation to issue the demolition permit. When in doubt, the city planner may seek the review and advice from the architectural review committee/historic preservation commission. The demolition permit shall be effective on the date of issue.

B. Significant Buildings or Structures.

1. If the building or structure proposed to be demolished is determined by the city planner to have historic, architectural, or aesthetic significance to the city, the city planner shall schedule the request for demolition to the council for final determination at the next available hearing.

2. The community development department shall place a legal notice in a newspaper of general circulation in the city, announcing the proposed demolition. The notice shall be given in a manner consistent with city policies and procedures and state law. The notice shall show the location of the building or structure on a vicinity map with the street address. The community development department shall also notify by first class mail all property owners within a three‐hundred‐foot radius of the proposed demolition and any persons or organizations that have asked to be notified of the application for demolition permits. The applicant for the demolition permit shall be responsible for providing a set of mailing labels containing the property owners and addresses based upon the latest county assessor's tax roll.

C. Findings Required.

1. The council may, upon finding that the building or structure is of significant historical character, require a six month continuance in consideration of the demolition permit request with an option to extend the continuance for an additional six month period should that become necessary. The purpose of the continuance, and the possible extension, is to provide adequate time to investigate alternatives to demolition.

2. Upon making the determination that there are no feasible alternatives to demolition, the council may direct the building official to issue the permit.

3. The demolition of all buildings and structures shall be conducted in accordance with all conditions outlined in Chapter 44 and subsection 4409 of the Uniform Building Code as adopted by council. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.16.060 Exception.

Upon determination by the building official that the building or structure to be demolished poses a threat to the health and safety of persons in the area surrounding the subject structure, the building official may, with the community development director's concurrence, issue the demolition permit without city council review and the findings set forth in this chapter. The building official may also require fencing or other appropriate measures to secure the site pending review by staff and/or council. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Chapter 17.18 AMENDMENTS TO THE CALIFORNIA EXISTING BUILDING CODE, APPENDIX A, CHAPTER A1
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:28 [EST]
(Supp. No. 61)

17.18.010 California Existing Building Code.

The California Existing Building Code, Appendix A, Chapter A1 entitled Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, with the amendments set forth in this chapter, is adopted. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.18.020 Scope.

Section A102 entitled "Scope" is amended for A102.1 to read as follows and subsection A102.3 is added as follows:

Section A102 Scope
A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A102.1. Except as provided herein, all other provisions of the California Building Code shall apply.

A102.3 Exceptions. The provisions of this chapter shall not apply to detached one‐or two‐family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.18.030 Definitions.

Section A103 entitled "Definitions" is amended to include the following additional definitions:

1. "Qualified Historical Building" means any structure included on the National Register of Historic Buildings or the state list of Significant Historic Buildings.

2. "Qualified Zones" means that zone or geographic area referenced under the State [California] Building Code establishing the potential earthquake hazard of a given area.

3. "Seismic Retrofit" means all work necessary to comply with the requirements of this chapter.

The above definitions shall be in addition to those contained in the California Building Code and International Existing Building Code Section A103.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.18.040 Administrative provisions.

New Section A115 entitled "Administrative Provisions" is added to read as follows:

Section A115 Administrative provisions
A115.1 Compliance requirements.

A115.1.1 Structural analysis. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in this chapter, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in this chapter, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished.

Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

A115.1.2 Twelve‐month compliance requirements. Within twelve (12) months of the date of service of the order, the owner of a building within the scope of this chapter shall obtain one of the following from the Building Official:

1. A building permit to construct the seismic retrofit improvements identified in a structural analysis and plans for structural alteration of the building to comply with this chapter; or

2. A letter from the Building Official stating that he or she concurs with a structural analysis, which demonstrates that the building meets the minimum requirements of this chapter and therefore does not require seismic retrofitting; or

3. A permit for the demolition of the building. Issuance of a permit for demolition of a building shall be subject to compliance with the provisions of Chapter 17.16 (Demolition of Buildings and Structures) of the City of El Paso de Robles Municipal Code.

In order to meet the deadline set forth above, owners of buildings within the scope of this chapter must submit structural analyses, plans for structural alteration of the building, and/or applications to demolish their buildings at least 105 calendar days prior to the deadline to allow for the Building Official to review the analyses, plans, and/or applications to demolish and to find them to be in compliance with this chapter.

A115.1.3 Thirty‐month compliance requirements. Within thirty (30) months of the date of service of the order, the owner of a building within the scope of this chapter shall complete construction of structural alterations or complete demolition of the building, as applicable.

A115.2 Historical buildings. Alterations or repairs to qualified historical buildings shall comply with the State Historical Building Code (Title 24, Building Standards, Part 8), in addition to this chapter.

A115.3 Order.

A115.3.1 Service. The building official shall issue an order as provided in this section to the owner of each building within the scope of this chapter. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall be accompanied by a copy of Section A115.1, which sets forth time limits for compliance.

A115.4 Recordation.

1. At the time that the Building Official serves the order as provided in Subsection A115.3.1, the Building Official shall also file with the San Luis Obispo County Clerk‐Recorder's Office a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where compliance with this chapter has not been demonstrated.

2. If the building is either 1) demolished, 2) found not to be within the scope of this chapter or 3) is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the Building Official shall file with the San Luis Obispo County Clerk‐Recorder' s Office a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.5 Appeal. Appeals or requests for modifications from any determinations, actions, or orders by the Building Official pursuant to this chapter shall be made to the Building Board of Appeals. Such appeal shall be filed with the Building Board of Appeals within sixty (60) days of the rendering of the decision being appealed. Such appeal shall be made in writing on appropriate forms provided therefore by the Building Official and the grounds thereof shall be stated clearly and concisely.

Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

A115.6 Enforcement.

A. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this Chapter within the time limits set forth in Section A115.1, the Building Official shall verify that the recorded owner of this building has been properly served.

B. If the order has been served on the record owner, then the Building Official may order that the entire building, or any portion thereof, be vacated and that the building, or any portion thereof, remain vacated until such order has been complied with.

C. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered vacated or such additional time as may have been granted, the building is hereby declared a public nuisance, and the Building Official shall order abatement of the building.

D. Any person who violates any provision of this chapter is guilty of a misdemeanor and is subject to the penalty as provided for in Section 1.02.010 of the City of El Paso de Robles Municipal Code.

E. Appeals or requests for modifications from any determinations, actions, or orders by the Building Official pursuant to this section shall be handled in the manner set forth in Section A115.5.

A115.7 Full strengthening required prior to time frames set forth in Section A115.1. The Building Official shall require full compliance with the minimum seismic standards contained within this chapter before the time frames set forth in Section A115.1 upon the occurrence of any one of the following conditions:

1. Any change or conversion of an unreinforced masonry structure from its existing use to that of a more intensive use;

2. The remodel of a structure covered by this chapter, in an amount equaling fifty percent of the structure's value as determined using the latest edition of the Building Standards Valuation, published by the International Conference of Building Officials; and/or

3. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building.

A115.8 Certificate of compliance.

1. In accordance with Chapter 3, Section 70(d)(3) of the Revenue and Taxation Code, the Building Division shall, upon the completion of a seismic retrofit, file a certificate of compliance with the County Assessor's Office on or before the following April 15th.

2. The certificate of compliance shall establish that the work associated with the seismic retrofit was the result of a local ordinance related to seismic safety, and therefore shall not add value to the assessment role.

A115.9 Requirements for structural alteration plans ‐ structural engineering.

The following construction information shall be included in the structural alteration plans submitted to the Building Official pursuant to Section A115.1 of this chapter:

1. Dimensioned floor and roof plans showing existing walls and the size and spacing of floor and roof framing member and sheathing materials. The plans shall indicate all existing and new crosswalls and their materials of construction. The location of the crosswalls and their openings shall be fully dimensioned or drawn to scale on the plans;

2. Dimensioned wall elevations showing openings, thicknesses, heights, the type of veneer, its thickness and its bonding and/or ties to the structural wall masonry;

3. The extent and type of existing wall anchorage to floors and roof when used in the design;

4. The extent and type of parapet corrections which were previously performed, if any; and Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

5. Repair details, if any, of cracked or damaged unreinforced masonry walls.

A115.10 Material requirements.

A115.10.1 General. All materials permitted by this chapter, including their appropriate allowable design values substantiated by testing, may be utilized to meet the requirements of this chapter.

A115.10.2 Existing materials. All existing materials utilized as part of the required vertical load‐carrying or lateral force‐resisting system shall be tested or shall be repaired or removed and replaced with new materials.

A115.11 Upgrade design—requirements for expanded or continued use of a structure.

1. Except as modified herein, the analysis and design relating to the alteration of, or addition to, an existing building shall be in accordance with the California Building Code.

2. Contractors providing structural upgrades shall be licensed by the State of California in the trade(s) being performed to accomplish the upgrade.

3. Design documents and specifications pertaining to structural upgrades shall be prepared by an architect, structural engineer or civil engineer specializing in structural work, licensed by the State of California to practice as such.

4. Design documents and specifications shall comply with this chapter.

A115.12 Special requirements for qualified historical buildings.

A115.12.1 Purpose and Intent of this Section A115.11. The purpose and intent of this Section A115.11 shall be to minimize the effects of seismic strengthening on the exterior appearance of qualified historical buildings.

A115.12.2 Review by the City of El Paso de Robles Development Review Committee. Plans for seismic upgrading of qualified historical buildings shall be reviewed by the Development Review Committee. The basis of review shall be the design guidelines established by this chapter and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Properties, with the following special requirements:

1. Features of architectural or historical significance shall be retained and reattached, braced or stabilized, as required by applicable codes and/or the Building Official.

2. In‐wall anchors shall be used on qualified historical buildings instead of through‐wall anchors, especially on the principal facade.

3. Through‐wall anchors on other facades may be permitted, provided that their locations and treatment are approved by the Development Review Committee.

4. Closure of historic openings on the principal facade shall not be permitted and shall be discouraged on secondary facades. If closure of such openings on secondary facades is unavoidable, the materials used shall be compatible with the existing exterior materials of the secondary facade wall.

5. Historic parapets shall be braced rather than removed.

6. Historic architectural veneer posing a safety hazard shall be stabilized and re‐anchored to the building.

A115.12.3 Building Exterior.

1. In order to minimize the effect on the exterior appearance of a qualified historical building, plans showing proposed shear‐test locations shall be submitted for review and approval by the Community Development Director or his or her designee, prior to any testing of the structure taking place.

2. Repairs after testing shall match the original adjacent existing building facade materials.

A115.13 Buildings with brick veneers, cornice work and/or parapets.

Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

A115.13.1 Buildings constructed prior to 1972. The owner of each building constructed prior to 1972 with a brick veneer shall, upon service of an order and within the time limits set forth in this chapter, cause an analysis to be made of the veneer by an engineer or architect licensed by the state to practice as such and have such veneer examined to determine if it is anchored to the building structure in a manner consistent with the anchorage requirements contained in this chapter.

1. The owners of buildings within the scope of this Subsection shall be served written orders in the manner set forth in Sections A115.3 informing them of the requirements of this Subsection.

2. Within twelve (12) months of the date of service of the order, the owner of a building within the scope of this Subsection shall obtain from the Building Official a building permit to construct the seismic retrofit improvements identified in a structural analysis and plans for structural alteration of the brick veneer to comply with this Subsection.

3. Within thirty (30) months of the date of service of the order, the owner of a building within the scope of this Subsection shall complete anchoring of the brick veneer to meet the anchoring requirements of this chapter.

In order to meet the deadline set forth above, owners of buildings within the scope of this Subsection must submit structural analyses and plans for structural alteration of the building, and/or applications to demolish their buildings at least 105 calendar days prior to the deadline to allow for the Building Official to review the analyses, plans, and/or applications to demolish and to find them to be in compliance with this Chapter.

A115.13.2 Buildings from which brick veneers, cornice work, and/or parapets were removed as a result of the December 22, 2003 earthquake. Each owner of a building from which brick veneers, cornice work and/or parapets were removed as a result of the December 22, 2003 earthquake shall replace said veneers, cornices, and/or parapets.

1. The owners of buildings within the scope of this Subsection shall be served written orders in the manner set forth in Sections A115.3 informing them of the requirement to replace said veneers, cornices, and/or parapets. Said order shall inform building owners that veneers, cornice work and/or parapets shall be replaced with materials providing the same architectural/historical features originally removed.

2. Within twelve (12) months of the date of service of the order, the owner of a building within the scope of this Subsection shall obtain from the Building Official a building permit to construct the seismic retrofit improvements identified in a structural analysis and plans for structural alteration of the brick veneer, cornice, and/or parapet to comply with this Subsection.

3. Within thirty (30) months of the date of service of the order, the owner of a building within the scope of this Subsection shall complete all replacement work.

In order to meet the deadline set forth above, owners of buildings within the scope of this Subsection must submit structural analyses and plans for structural alteration of the building and/or applications to demolish their buildings at least 105 calendar days prior to the deadline to allow for the Building Official to review the analyses, plans, and/or applications to demolish and to find them to be in compliance with this Chapter.

A115.13.3 Appeals. Appeals of orders specified in this Section A115.12 shall be handled in the manner set forth in Section A115.5.

A115.14 Report to City Council. Within thirty (30) days of the deadlines established in Sections A115.1 and A115.12, the Building Official shall make a written report to the City Council explaining the status of compliance for each building served notice as set forth in Section A115.3. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Title 17 ‐ BUILDINGS AND CONSTRUCTION
Chapter 17.20 SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
El Paso de Robles, California, Code of Ordinances    Created: 2023‐03‐02 15:21:29 [EST] (Supp. No. 61)

Chapter 17.20 SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS

17.20.010 Applicability and purpose.

This article applies to the permitting of all small residential rooftop solar energy systems in the city. The purpose of this article is to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost‐effective installations of small residential rooftop solar energy systems. This article encourages the use of small residential rooftop solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install small rooftop solar energy systems. This article allows the city to achieve these goals while protecting the public health and safety. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.20.020 Definitions.

The definitions set forth below shall be applicable to the provisions in this chapter:
"Director" means the city's community development director. "Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The internet;

3. Facsimile.
"Small residential rooftop solar energy system" means a solar energy system which meets all of the following:

1. Is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal;

2. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards;

3. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability;

4. Is installed on a single or duplex family dwelling;

5. The panel or module array does not exceed the maximum legal building height as defined by the city. "Solar energy system" has the meaning set forth in paragraph (1) and (2) of subdivision (1) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

17.20.030 Small residential rooftop solar system requirements.

A. A solar energy system that qualifies as a small residential rooftop solar energy system, as defined in this article, shall be processed in accordance with the terms of this article.

B. A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the state and the city.

C. The director shall, prior to September 30, 2015, adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review.

D. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.20.040 Applicant obligations.

Prior to submitting an application, the applicant shall:

1. Verify, to the applicant's reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.20.050 Electronic processing.

A. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible city website.

B. Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. The city's website shall specify the permitted method of electronic document submission.

C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

17.20.060 Application review.

A. An application that city staff determines satisfies the information requirements contained in the city's checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.

B. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

C. After city staff deems an application complete, city staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.

D. Unless the director determines a use permit is warranted, city staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist, standard plan and this article.

E. The director may require an applicant to apply for a use permit if the director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision may be appealed to the planning commission.

F. The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.20.070 Use permit and development review.

A. If a use permit or development review is required, the director, planning commission or development review committee may deny an application for the use permit if the director, planning commission or development review committee makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decision may be appealed to the city council.

B. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

C. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost‐effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems. An amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

2. For Photovoltaic Systems. An amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

17.20.080 Inspections.

A. Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review.

B. The inspection shall be done in a timely manner.

C. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this article.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
CHAPTER 17.25 ELECTRIC VEHICLE CHARGING STATIONS

17.25.010 Purpose.

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.25.020 Definitions.

A. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug‐in electric vehicle.

B. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. "Electronic submittal" means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.25.030 Expedited permitting process.

Consistent with Government Code Section 65850.7, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug‐In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero‐Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research.

The city's adopted checklist shall be published on the city's website. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

17.25.040 Permit application processing.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.25.050 Technical review.

A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official's authority to address higher priority life‐safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit.

B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. (Ord. No. 1085 N.S., § 4, 11‐19‐2019)

17.25.060 Electric vehicle charging station installation requirements.

A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the public utilities commission or a municipal electric utility company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

Attachment 2

City Council Agenda December 5, 2023
Created: 2023‐03‐02 15:21:29 [EST]
(Supp. No. 61)

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor‐mounted or wall‐mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
(Ord. No. 1085 N.S., § 4, 11‐19‐2019)
Attachment 2

City Council Agenda December 5, 2023
City of El Paso de Robles, California

NOTICE OF PUBLIC FIRST READING OF A PROPOSED ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION); AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24); INCORPORATING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022 CALIFORNIA FIRE CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA REFERENCED STANDARDS CODE, 1997 UNIFORM HOUSING CODE, AND THE 1997 UNIFORM

CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS
PLEASE TAKE NOTICE that a public first reading will be held by the Paso Robles City Council at 6:30 p.m. on December 5, 2023, or as soon thereafter as the matter may be heard, at the Paso Robles City Hall, Council Chambers, 1000 Spring Street, Paso Robles, California to consider the following action:

AN ORDINANCE OF THE CITY OF EL PASO DE ROBLES; REPEALING, AMENDING, AND RESTATING TITLE 17 OF THE MUNICIPAL CODE
(BUILDINGS AND CONSTRUCTION); AND ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE
24); INCORPORATING THE 2022 CALIFORNIA ADMINISTRATIVE
CODE; 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING
CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA
HISTORICAL BUILDING CODE, 2022 CALIFORNIA FIRE CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA
REFERENCED STANDARDS CODE, 1997 UNIFORM HOUSING CODE,
AND THE 1997 UNIFORM CODE FOR THE ABATEMENT OF

DANGEROUS BUILDINGS
The full text of the proposed ordinance and one copy of each of the above referenced codes will be available for public inspection in the Office of the Paso Robles City Clerk at 1000 Spring Street, Paso Robles, California, for not less than fifteen days prior to said hearing date.

If you have any questions regarding this application, please call Charlie Moloney, Building Official or Devon Kuhnle, Development Services Manager at (805) 237-3850.

Dated: November 24, 2023
____________________________________
Devon Kuhnle
Development Services Manager
Attachment 3

City Council Agenda December 5, 2023
Council Agenda Report
From: Angelica Fortin, Community Services Director
Subject: Approval of the Paso Robles Strategic Plan to Address Homelessness CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Date: December 5, 2023
Facts

1. City Council Adopted Goals and Strategic Priorities includes Housing and Homelessness as one of six areas of priority during the FY 22-23 and 23-24 budget cycle. Creating a Regional Homeless Services Strategic Plan was included as an objective to addressing the goal area.

2. In May of 2022, the Paso Robles Chamber of Commerce presented the results of the Unhoused Futures Studies Task Force study, which was conducted in partnership with the City. The study laid the groundwork for future strategic planning.

3. In May of 2023, the City commissioned a working group to develop a strategic Plan to Address Homelessness. The invited group was comprised of a cross section of key City staff, several members of the former Unhoused Futures Studies Task Force, members of the Paso Robles Community who have “lived” homeless experiences, and representativesfrom stakeholder agencies and organizations.

4. On July 7th and 8th, 2023, the City hosted two public meetings to solicit feedback from the community at large. An online feedback form was made available to encourage additional participation.

5. Over a six-month period, City staff met with the working group to identify areas of focus, goals, and actionable objectives that aligned with City priorities and the San Luis Obispo Countywide Plan to Address Homelessness adopted in August of 2022.

Community Outreach
The strategic plan working group met four times throughout the strategic planning process. In addition, two publicly noticed community meetings were held to solicit feedback early in the process to help guide the work of the working group. Public meeting information was shared via social media, the City’s website, and through the local press. An online feedback form was made available as an alternative engagement option.

The strategic planning working group included representatives from the following organizations:

County of San Luis Obispo Behavioral Health
County of San Luis Obispo Health Agency
County of San Luis Obispo Homeless Services Division
El Camino Homeless Organization (ECHO)
Housing Authority San Luis Obispo (HASLO)
NAMI San Luis Obispo County

City Council Agenda December 5, 2023
Paso Robles Housing Authority
Paso Robles Joint Unified School District
Paso Robles Templeton Chamber of Commerce
Paso Robles Wine Country Alliance
Philanthropy Faith Hope & Love
Transitions Mental Health (TMHA)
Travel Paso
Twin Cities Community Hospital
Options

1. Take no action;

2. Approve the Paso Robles Strategic Plan to Address Homelessness;

3. Provide alternative direction to staff.

Analysis and Conclusions
Guided by the FY 22-23 and 23-24 City Council Adopted Goals and Strategic Priorities, the City initiated strategic planning to address homelessness in Paso Robles in May of 2023. Recognizing the complexity of issues related to homelessness, the City commissioned a working group comprised of a cross section of key City staff, several members of the former Unhoused Futures Studies Task Force, members of the Paso Robles Community who have “lived” homeless experiences, and representatives from stakeholder agencies and organizations to develop the plan. The group met several times during the summer and fall of 2023. Having conducted a “SWOT” (strengths, weaknesses, opportunities, and threats) analysis, the group used feedback collected at two public meetings and through an online feedback form, to develop and refine six areas of focus that aligned with the San Luis Obispo Countywide Plan to Address Homelessness:
 Programs and Services: Coordinate local and regional efforts to address homelessness through a dedicated Homeless Services Manager.
 Behavioral Health: Improve access to behavioral health and substance abuse resources.  Education, Outreach and Training: Implement an outreach and communications plan to increase public awareness regarding homelessness and available resources.  Housing Continuum: Inventory, develop and increase housing along the housing continuum including emergency shelter, transitional housing, and affordable housing options.  Funding and Resources: Identify and pursue local, regional, state, and federal funding opportunities.
 Policies and Procedures: Develop and implement sustainable policies and procedures that promote health, safety, and housing stability.

Subsequently, the working group and City staff worked collaboratively to develop goals and objectives in each area. Four of the thirteen goals developed were identified as foundational to the plan’s success and should be achieved within the first year of implementation:
 Hire a City Homeless Services Manager to coordinate City services, ensure continuity of effort, prevent duplication of services, and manage related grants.
 Implement a communication plan to share the Paso Robles Strategic Plan to Address Homelessness within the community.

City Council Agenda December 5, 2023
 Conduct a financial needs assessment to determine funding needs and potential funding options needed to complete the plan objectives.
 Develop a budget that supports the priorities of the plan and provides the greatest return on investment.

The remaining goals will be prioritized annually by the Homeless Services Manager, in coordination with the identified coordinating partners, and presented to City Council in an annual report.

Fiscal Impact
Approving the Paso Robles Strategic Plan to Address Homelessness carries no immediate financial obligation for the City. However, the plan includes the addition of a Homeless Services Manager that will be responsible for completing key tasks, coordinating partnerships, and monitoring and reporting progress on the plan. The estimated cost for the new position and related operating costs is $200,000.

This, and other action items requiring General Fund support, are indicated in the strategic plan document, and staff will seek funding for these items as a part of the City’s budget development process for Fiscal Years 2024-25 and 2025-26. Some action items requiring funding will be supported through grant and partnership opportunities.

CEQA
The City finds that this action, approving the Paso Robles Strategic Plan to Address Homelessness, is not a project under the California Environmental Quality Act (“CEQA”) pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378 because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. Alternatively, the action to approve the Paso Robles Strategic Plan to Address Homelessness is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Recommendation (Option 2)
Approve the Paso Robles Strategic Plan to Address Homelessness.

Attachments

1. Paso Robles Strategic Plan to Address Homelessness

City Council Agenda December 5, 2023
Attachment 1

City Council Agenda December 5, 2023
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 1 Paso Robles Community,
With a sense of profound optimism and excitement, the City of Paso Robles unveils our first-ever Strategic Plan to Address Homelessness—which we hope is a blueprint for change in our community. This plan marks a pivotal moment as we collectively embark on a path to strategically address the challenges associated with homelessness that have affected our community.

This groundbreaking venture for our city encapsulates months of hard work, thoughtful dialogue, and a shared vision. The plan embodies our community's unyielding spirit and commitment to creating an environment of positive change.

I am grateful to each community member, service provider, advocate, and stakeholder who poured their passion and expertise into creating this strategy. Your voices were critical in shaping a plan that is both responsive to the specific needs of our homeless population and reflective of our broader community values. Your participation was more than just valuable; it was inspirational and has set the stage for a transformative journey ahead.

With our Strategic Plan to Address Homelessness, we take our first concerted steps towards a brighter future. Together, Paso Robles has crafted a comprehensive framework that is ambitious, achievable, and innovative. I invite you all to join us as we turn the pages of this strategy into real-life chapters of progress and hope.

With heartfelt thanks and anticipation,
Ty Lewis, Paso Robles City Manager
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 2 “On a single night in 2022, roughly 582,500 people were experiencing homelessness in the United States.”1
- The 2022 Annual Homelessness Assessment Report (AHAR) to Congress This staggering figure underscores the magnitude of the homelessness problem as families and individuals across the country grapple with housing instability, economic hardships, and a lack of access to essential services. Nationally, the homelessness crisis is a multifaceted challenge that transcends geographic boundaries and socio-economic disparities. Homelessness is a pressing issue that has plagued the United States for decades, with millions of individuals and families struggling to find stable shelter and access to vital services. As a nation, we have witnessed the increasing complexities of this crisis, making it an imperative concern on a local level.
1 De Sousa, T., Andrichik A., Cuellar M., Marson, J., Prestera E., and Rush, K., Abt Associates. (2022). The 2022 Annual Homelessness Assessment Report (AHAR) to Congress. Prepared by the Department of Housing and Urban Development.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 3 Introduction
The City of El Paso de Robles (Paso Robles) was incorporated on March 11, 1889. It is a general law city with a Council-Manager form of government. It is located along California State Highway 101, about midway between Los Angeles and San Francisco, and is about 27 miles from the Pacific Ocean. Nearly 31,000 people call Paso Robles home. Paso Robles has a growing wine industry and is known for its high-quality wineries that attract millions annually.2.

Like most cities, Paso Robles is not immune to the epidemic of homelessness. The 2022 San Luis Obispo County Point in Time Count identified 239 homeless individuals in the City of Paso Robles. 221 of these individuals were
unsheltered3. The problem of homelessness is acute.

Homeless individuals are at higher risk of becoming a
victim of crime, experiencing substance abuse or
mental health disorders, or having a disproportionate
number of medical issues. For the community, the
visible signs of homelessness reduce their quality of
life, disrupt businesses, and impact tourism.

Homeless encampments in the Salinas Riverbed
have increased the risk of wildland fires, and efforts to mitigate this risk have resulted in the expenditure of
over $102,000 in General Fund money being spent on
riverbed clean-up efforts. In 2022 the Paso Robles
Police Department responded to 2,455 calls for service related to homelessness. This represents a 69% increase over the homelessness-related calls for service in 20204. 2 City of Paso Robles
3 San Luis Obispo County. (2022). San Luis Obispo County Homeless Census & Survey Comprehensive Report 2022. 4 City of Paso Robles
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 4 The State of California faces significant challenges related to homelessness. According to recent data from the U.S. Department of Housing and Urban Development (HUD)5, California has consistently held one of the highest homeless populations in the nation. In 2022, the state reported over 171,000 homeless individuals. California also leads the nation in the percentage of homeless individuals who are unsheltered at 67.3%, highlighting the growing urgency of the problem.

In early 2022, the Paso Robles Chamber of Commerce, through a partnership with the City of Paso Robles (City), facilitated a futures-oriented study on homelessness in Paso Robles. One outcome of this study was the need to develop a short-term strategic plan to align regional partnerships and City resources. In May of 2023, the City commissioned a working group comprised of key City staff, several members of the former Unhoused Futures Studies Task Force, members of the Paso Robles Community who have “lived” homeless experiences, and representatives from key stakeholder agencies and organizations to develop a three-year Strategic Plan to Address Homelessness (Plan).
5 De Sousa, T., Andrichik A., Cuellar M., Marson, J., Prestera E., and Rush, K., Abt Associates. (2022). The 2022 Annual Homelessness Assessment Report (AHAR) to Congress. Prepared by the Department of Housing and Urban Development.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 5 Acknowledgments
The City of Paso Robles would like to thank the participants from the Unhoused Futures Studies Task Force, persons from the “lived experience” community, and members from the following organizations:

County of San Luis Obispo
Health Agency
Travel Paso
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 6 Acknowledgments
We would also like to thank City staff who also played an integral role in the development of this plan. The City of Paso Robles is comprised of the following Departments:

Administrative Services
City Clerk
City Manager’s Office
Community Development
Community Services
Fire and Emergency Services
Human Resources
Police Department
Public Works
Utilities

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 7 Plan Development
The Plan Working Group met several times during the Summer and Fall of 2023. The Group looked at the strengths, weaknesses, opportunities, and threats facing the City of Paso Robles related to the problem of homelessness. The results of this review were used to develop the six Focus Areas in this Plan.

Programs and
Services
Coordinate local and regional efforts to address homelessness through a dedicated Homeless Services Manager.

Behavioral Health Improve access to behavioral health and substance abuse resources.

Education,
Outreach
and Training
Implement an outreach and communications plan to increase public awareness regarding homelessness and available resources.

Housing
Continuum
Inventory, develop and increase housing along the housing continuum including emergency shelter, transitional housing and affordable housing options.

Funding and
Resources
Identify and pursue local, regional, state and federal funding opportunities.

Policies and
Procedures
Develop and implement sustainable policies and procedures that promote health, safety, and housing stability.

In August 2022, the San Luis Obispo County Board of Supervisors approved the Countywide Plan to Address Homelessness, 2022–20276.
6 The San Luis Obispo Countywide Plan to Address Homelessness 2022 – 2027.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 8 The County outlined the following six key lines of effort in the plan:

1. Create affordable and appropriately designed housing opportunities and shelter options for underserved populations.

2. Focus efforts to reduce or eliminate the barriers to housing stability for those experiencing homelessness or at risk of homelessness, including prevention, diversion, supportive services, and housing navigation efforts.

3. Improve and expand data management efforts through HMIS and coordinated entry systems to strengthen data-driven operational guidance and strategic oversight.

4. Create, identify, and streamline funding and resources.

5. Strengthen regional collaboration.

6. Build public engagement through information-sharing and partnership.

The Focus Areas in this Plan were developed to align with the Lines of Effort in the San Luis Obispo Countywide Plan to Address Homelessness.

Paso Robles Focus Areas
SLO County
Lines of Effort
Programs and Services 2
Behavioral Health 6, 2
Education, Outreach and Training 1, 2
Housing Continuum 5, 6
Funding and Resources 4
Policies and Procedures 3
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 9 Within each Focus Area, Goals were developed. They were developed to provide a clear and focused direction for addressing homelessness within our community. These Goals are essential for guiding our efforts, allocating resources effectively, and measuring progress. They support the six Focus Areas of our Plan by serving as the foundation upon which our strategies and actions are built. By setting specific Objectives under each Goal, we can ensure our Plan is not just comprehensive but also actionable, enabling us to make a meaningful and lasting impact on homelessness in our community.

This Plan is meant to be a guiding document to help prioritize the City’s mitigation efforts toward homelessness. All the Goals were developed so that they could be accomplished within the life of the Plan; however, the Plan identifies the following Goals that are foundational to the Plan's success and should be achieved within the first year of implementation:
• Hire a City Homeless Services Manager to coordinate
City services, ensure continuity of effort, prevent
duplication of services, and manage related grants.
• Implement a communication plan to share the Paso
Robles Strategic Plan to Address Homelessness within
the community.
• Conduct a financial needs assessment to determine
funding needs and potential funding options needed to
complete the plan objectives7.
• Develop a budget that supports the priorities of the Plan and provides the greatest return on investment.

The remaining goals will be prioritized annually by the Homeless Services Manager, in collaboration with identified coordinating partners, and presented to the City Council in an annual report.
7 This goal is ongoing throughout the life of the plan; however, beginning this goal will be a priority of the newly hired Homeless Services Manager.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 10 Focus Areas and Goals Summary
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 11 Accountability
Accountability is a crucial element of any effective strategic plan. It provides a framework for measuring progress, ensuring that objectives are met, and enabling an organization to adapt to changing circumstances. However, while accountability is essential, it's important to recognize the challenge of establishing quantitative performance metrics. The difficulty lies in striking a balance between setting measurable targets and recognizing the complexity of the real world, where not everything can be neatly quantified.

Accountability in a strategic plan serves several critical purposes. It helps align the efforts of various stakeholders towards common objectives. It also allows for evaluating the plan's effectiveness by tracking key performance indicators
(KPIs) and milestones. Accountability provides a
mechanism for identifying what works well and what
may need adjustments, facilitating continuous
improvement. Additionally, it enhances transparency
and trust within the organization and among the Paso
Robles community. It serves as a guiding light.

Regarding the response to homelessness, we know what we want to do but don’t yet know what we will have the capacity (i.e., resources, funding, etc.) to accomplish. To date, various aspects of the local and regional homelessness response efforts have not been quantified; therefore, we do not have a baseline from which to measure.

Additionally, there are little to no national standards related to this Plan's objectives, so benchmarking to a standard is impractical, if not impossible. It will be incumbent on the new Homeless Services Manager to establish qualitative and quantitative baseline metrics by the end of the Plan's first year. These will measure the plan's effectiveness in years two and three.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 12

1. Programs and Services
Coordinate local and regional efforts to address homelessness through a dedicated Homeless Services Manager.

Goal 1.1
Hire a City Homeless Services Manager to coordinate City services, ensure continuity of effort, prevent duplication of services, and manage related grants.

Objective 1.1.1
Research similar positions in the local area and region and include key community stakeholders in the recruitment process.

Coordinating Partners
City Council; Human Resources
Goal 1.2
Work with the County and North County neighboring jurisdictions to establish North San Luis Obispo County Homelessness Collaborative including public and private sector entities.

Objective 1.2.1
Recommend the County bring together representatives from throughout the North County region, to develop a North County Homelessness Collaborative that meets quarterly to ensure alignment of effort.

Coordinating Partners
Homeless Services Division – SLO County
Homeless Services Manager – PR City
Objective 1.2.2
Work with the County to develop a North County response plan to include provision of resources and notifications to homeless populations during climate extremes and other community threats.

Coordinating Partners
Homeless Services Division – SLO County
Homeless Services Manager – PR City
Office of Emergency Services – SLO County
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 13

2. Behavioral Health

Improve access to behavioral health and substance abuse resources.

Goal 2.1
In collaboration with the County and other service providers, increase capacity for low barrier mental health services, detox, and substance abuse services.

Objective 2.1.1.

In collaboration with state, county, and local stakeholders, take inventory of existing mental health, detox, and substance abuse services, and identify unmet needs and gaps in service. (To create a baseline for service needs)
Coordinating Partners
Homeless Services Division – SLO County
Behavioral Health – SLO County
Homeless Services Manager – PR City
Objective 2.1.2.

Identify realistic and cost-efficient partnerships and/or resource sharing agreements to address identified unmet needs and gaps in mental health, detox, and substance abuse services.

Coordinating Partners
Homeless Services Division – SLO County
Behavioral Health – SLO County
Homeless Services Manager – PR City
Objective 2.1.3.

Partner with the County for the development of unique low-barrier mental health and outreach services, such as regional mobile crisis unit teams or local mental health, police, and emergency services teams.

Coordinating Partners
Homeless Services Division – SLO County
Behavioral Health – SLO County
Homeless Services Manager – PR City
Emergency Services – PR City
Police Department – PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 14

3. Education, Outreach and Training
Implement an outreach and communications plan to increase public awareness regarding homelessness and available resources.

Goal 3.1
Implement a communication plan to share the Paso Robles Strategic Plan to Address Homelessness with the community.

Objective 3.1.1
Develop and maintain Homeless Service webpage on the City’s website providing information and updates related to homelessness and the progress on the Homelessness Strategic Plan. Supplement with regular social media messaging.

Coordinating Partners
Homeless Services Manager-PR City
Civic Engagement Coordinator-PR City
Objective 3.1.2
Provide quarterly City Council updates and include state of homelessness report in annual city report.

Coordinating Partners
Homeless Services Manager-PR City
Objective 3.1.3
In partnership with the County, host public workshops and panels designed to educate the public on various aspects of homelessness.

Coordinating Partners
Homeless Services Division-SLO County
Homeless Services Manager-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 15

3. Education, Outreach and Training

Goal 3.2
Implement an outreach program aimed at enhancing life skills, work skills, and increasing knowledge of available resources for homeless populations or those at risk for becoming homeless.

Objective 3.2.1
In collaboration with the County, and non-profits who serve the homeless, develop a comprehensive outreach plan to include a printed collateral piece with up-to-date resource information.

Coordinating Partners
Homeless Services Manager-PR City
North County Homeless Collaborative
Objective 3.2.2
Develop and/or partner with workforce development organizations to implement employment support programs that provide job placement assistance, skill development, and career counseling to individuals seeking stable employment within the City.

Coordinating Partners
Library-PR City
Human Resources-City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 16

3. Education, Outreach and Training
Goal 3.3
Partner with stakeholders to implement a youth education program to address the root causes of homelessness.

Objective 3.3.1
Engage the Paso Robles Youth Commission, as well as Paso Robles schoolaged children, to hear first-hand lived experience accounts about concerns, issues, and pathways to homelessness, including substance abuse.

Coordinating Partners
Recreation Services-PR City
Objective 3.3.2
Develop opportunities for after school teen engagement to foster positive community participation amongst youth.

Coordinating Partners
Library-PR City
Recreation Services-PR City
Objective 3.3.3
Partner with foster youth serving organizations to develop positive enrichment opportunities for foster youth.

Coordinating Partners
Library-PR City
Recreation Services-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 17

4. Housing Continuum
Inventory, develop and increase housing along the housing continuum including emergency shelter, transitional housing and affordable housing options.

Goal 4.1
Develop partnerships with key stakeholders to identify and fill current gaps in the housing continuum.

Objective 4.1.1.

In partnership with key stakeholders, conduct an inventory of the existing housing continuum and (data)set targets to guide future projects. Include emergency, transitional, acutely low, extremely low, very low and affordable housing.

Coordinating Partners
Homeless Services Division-SLO County
Homeless Services Manager-PR City
Objective 4.1.2.

Coordinate with the County and affordable housing developers to identify, develop, fund, and implement new opportunities to meet established targets.

Coordinating Partners
Homeless Services Manager-PR City
Community Development-PR City
Objective 4.1.3.

Continue to work with stakeholders to increase workforce and market rate multi-family housing.

Coordinating Partners
Community Development-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 18

4. Housing Continuum
Goal 4.2
Support Countywide efforts to remove local barriers to build and sustain supportive transitional and affordable housing. partnerships Objective 4.2.1
Identify a liaison from the City to partner with affordable housing developers and key County officials responsible for the County’s efforts to build and sustain supportive transitional and affordable housing.

Coordinating Partners
City Manager
Objective 4.2.2
Develop a plan for placement of potential supportive emergency and transitional housing sites that takes into consideration access to complimentary supportive services, transportation, density of similar services, and impact to surrounding neighborhoods and businesses.

Coordinating Partners
Homeless Services Manager-PR City
Community Development-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 19

5. Funding and Resources
Identify and pursue local, regional, state and federal funding opportunities.

Goal 5.1
Conduct a financial needs assessment to determine funding needs and potential funding options needed to complete plan objectives.

Objective 5.1.1
Work with policymakers and key stakeholders to annually prioritize elements of the strategic plan and adjust as needed, determining associated costs and performing a costbenefit analysis.

Coordinating Partners
Homeless Services Manager-PR City
Finance Services-PR City
Objective 5.1.2
Work with North County Homelessness Collaborative to investigate community philanthropic interest in developing a North County Homelessness Foundation dedicated to raising funds to support the collaborative’s objectives.

Coordinating Partners
Homeless Services Division-SLO County
Homeless Services Manager-PR City
North County Homelessness Collaborative
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 20

5. Funding and Resources
Goal 5.2
Develop a budget that supports the priorities of the plan and provides the greatest return on investment.

Objective 5.2.1.

As part of the City’s 2-year budget cycle, appropriate general fund dollars for homeless response in support of the strategic objectives.

Coordinating Partners
City Council
Objective 5.2.2.

Pursue and partner with the County to assist in their efforts to pursue grant funding opportunities that align with the strategic plan goals.

Coordinating Partners
Homeless Services Manager-PR City
Objective 5.2.3.

Work with North San Luis Obispo County Homelessness Collaborative to achieve economies of scale and avoid duplication of efforts.

Coordinating Partners
Homeless Services Manager-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 21

6. Policy and Procedures

Develop and implement sustainable policies and procedures that promote health, safety, and housing stability.

Goal 6.1
Review existing public policies to identify options to mitigate the environmental, health, and safety impacts of homelessness in the riverbed and throughout the City.

Objective 6.1.1.

Conduct a comprehensive review of existing public policies related to homelessness within the City, focusing on those that specifically pertain to the riverbed area to identify gaps, limitations, and opportunities for updates.

Coordinating Partners
Homeless Services Manager-PR City
Objective 6.1.2.

Support legislation that enhances the City’s ability to address localized issues related to homelessness.

Coordinating Partners
City Council
Objective 6.1.3.

Develop Park Ranger program to assist with monitoring of Riverwalk Trail and park use to encourage safe use and access of public spaces and to provide information regarding available homelessness resources.

Coordinating Partners
City Council
Objective 6.1.4.

Partner with the REC Foundation to make improvements to the Riverwalk Trail to encourage recreational use.

Coordinating Partners
Public Works- PR City
Recreation Services-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 22

6. Policy and Procedures

Goal 6.2
Pursue policies that support the development of supportive transitional and affordable housing and supportive industry employment opportunities.

Objective 6.2.1.

Review and implement policies that promote housing affordability fee deferrals and/or fee reductions for low and very low housing development.

Coordinating Partners
Homeless Services Manager-PR City
Objective 6.2.2.

Implement the City’s Economic Development Strategic Plan to encourage a diversified economy that includes supportive industry employment.

Coordinating Partners
City Council
Goal 6.3
Adopt a unified data management system in coordination with the County.

Objective 6.3.1.

Work with the San Luis Obispo County Homeless Services Manager to determine the best opportunities for a regional collaboration tool used to gather and share demographic data to develop a local needs assessment.

Coordinating Partners
City Council
Homeless Services Manager-PR City
Emergency Services-PR City
Police Department-PR City
Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 23 Fiscal Impact
The initial fiscal impact of implementing the Paso Robles Strategic Plan to Address Homelessness is $200,000. This includes the salary and operational costs of funding a Homeless Services Manager that will be responsible for completing key tasks, coordinating partnerships, and monitoring and reporting progress on the plan.

The following objectives may require additional fiscal review based on the desired scope at the time of implementation.

Behavioral Health

2.1.3 Partner with the County for the development of unique low-barrier mental health services, such as regional mobile crisis unit teams or local mental health, police, and emergency services task forces.

Education, Outreach and Training

3.2.1 In collaboration with the County, and non-profits who serve the homeless, develop a comprehensive outreach plan to include a printed collateral piece with up-to-date resource information.

3.2.2 Develop and/or partner with workforce development organizations to implement employment support programs that provide job placement assistance, skill development, and career counseling to individuals seeking stable employment within the City.

3.3.2 Develop opportunities for after school teen engagement to foster positive community participation amongst youth.

Housing Continuum

4.1.2 Coordinate with the County and affordable housing developers to identify, develop, fund, and implement new opportunities to meet established targets.

4.1.3 Continue to work with stakeholders to increase workforce and market rate multi-family housing.

4.2.1 Identify a liaison from the City to partner with affordable housing developers and key County officials responsible for the County’s efforts to build and sustain supportive transitional and affordable housing.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 24 Funding and Resources

5.2.1 As part of the City’s 2-year budget cycle, appropriate general fund dollars for homeless response in support of the strategic objectives.

Policies and Procedures

6.1.3 Develop Park Ranger program to assist with monitoring of Riverwalk Trail and park use to encourage safe use and access of public spaces and to provide information regarding available homelessness resources.

6.1.4 Partner with the REC Foundation to make improvements to the Riverwalk Trail to encourage recreational use.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 25 Partner Agency Mission Statement
County of San Luis Obispo Health Agency
The Health Agency’s mission is to provide a broad array of services essential to the health and well-being of those living in and visiting San Luis Obispo County. The Agency’s vision is that residents and visitors are healthy and have access to services essential to maintain optimal health.

El Camino Homeless Organization (ECHO)
ECHO’s mission since 2001 is to empower people in SLO County to make positive change by providing food, shelter, and supportive services.

Housing Authority San Luis Obispo (HASLO)
HASLO’s goal is to provide decent, safe and affordable housing for eligible residents of the County of San Luis Obispo. HASLO seeks to create safe neighborhoods by partnering with individuals and organizations to provide housing, education and employment opportunities for families of modest means to become self-sufficient and improve their quality of life.

National Alliance on Mental Illness – San Luis Obispo County NAMI provides advocacy, education, support and public awareness so that all individuals and families affected by mental illness can build better lives.

Paso Robles Housing Authority
The Paso Robles Housing Authority’s mission is to provide quality, affordable housing, that promotes quality of life through a healthy community.

Paso Robles Joint Unified School District
The Paso Robles Joint Unified School District’s mission is to deliver an exemplary education in a safe environment which empowers students with the skills, knowledge, and attitudes necessary for success in an ever-changing world.

Paso Robles Templeton Chamber of Commerce
Paso Robles Templeton Chamber of Commerce promotes economic vitality, empowers leaders, champions businesses, fosters civic engagement and honors our history.

Paso Robles Wine Country Alliance
Paso Robles Wine Country Alliance is dedicated to the promotion and protection of Paso Robles Wine Country, and the continuous improvement of the quality of its wines, vineyards, and experiences.

Attachment 1

City Council Agenda December 5, 2023
City of Paso Robles Strategic Plan to Address Homelessness 26 Philanthropy Faith Hope & Love
Philanthropy Faith Hope & Love’s mission is to direct community philanthropy grounded in faith, hope and love, toward meeting the needs and promoting redirection of individuals and families caught in challenging lifestyles and conditions into better opportunities and futures.

Transitions Mental Health (TMHA)
THMA is a non-profit organization serving San Luis Obispo and North Santa Barbara Counties, Transitions-Mental Health Association is dedicated to eliminating stigma and promoting recovery and wellness for people with mental illness through work, housing, community, and family support services.

Travel Paso
Travel Paso markets strategically, initiates collaboration, and champions the region.

Tenet Health Central Coast – Twin Cities Community Hospital Tenet Health Central Coast aims to provide quality, compassionate healthcare in the communities we serve.

Attachment 1

City Council Agenda December 5, 2023
Council Agenda Report
From: Ty Lewis, City Manager
Subject: Reduction of Short-Term Rental Wait Lists
CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines §§ 15305 pertaining to minor alterations of land use limitations, and 15378(b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment.

Date: December 5, 2023
Facts

1. On August 6, 2019, the City Council adopted Ordinance 1082, regulating short-term rentals (“Short Term Rental Ordinance”).

2. Concurrent with the Short-Term Rental Ordinance, the City Council approved Resolution 19-077, which in part established numerical limits for non-hosted short-term rental.

3. On October 9, 2019, the City reached the R1 numerical limit of 75 non-hosted short-term rental permits, and on May 24, 2021, the City reached the citywide numerical limit of 325 non-hosted shortterm rental permits.

4. The City maintains two waiting lists for those interested in obtaining a permit for a non-hosted shortterm rental: there are 44 applications on the R1 waitlist; and 44 applications on the citywide waitlist.

5. Amendments to short-term rental policies and procedures are categorically exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines §§ 15305 pertaining to minor alterations of land use limitations, and 15378(b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment.

6. During the October 17th City Council meeting, Mayor Pro Tem Gregory requested that staff return with an agenda item addressing short term rental permit waitlists.

Community Outreach
The City conducted extensive community outreach to formulate the Short-Term Rental Ordinance including the formation of two Short-Term Rental Advisory Committees, and multiple informational meetings and public hearings at the Planning Commission and City Council. Between 2015 and 2019, the City conducted 35 public meetings evaluating short-term rentals. In addition, the City Council heard annual updates on the short-term rental program in 2020, 2021, and 2022.

Options

1. Take no action;

2. Direct staff to prepare, and return to the City Council with Municipal Code amendments and resolutions necessary to eliminate future short term rental permit transfers within T-zones; decline renewal of inactive short-term rental permits, upon expiration; and/or increase the number of nonhosted STR permits within respective zones.

City Council Agenda December 5, 2023

3. Provide alternative direction to staff.

Analysis and Conclusions
Existing Short-Term Rental Program
The current Paso Robles short-term rental program was adopted by the City Council based on recommendations from a Short-Term Rental Task Force, the Planning Commission, and public testimony.

Relative to STR caps, the program includes:
 Capping the maximum number of non-hosted short-term rentals in the R-1 district at 75 permits (but allowing short-term rentals existing before the ordinance was adopted to apply for a short-term rental permit).
 Capping the maximum number of non-hosted short-term rentals citywide at 325 permits.

Issued Short-Term Rental Permits
Currently, there is a combined total of 418 issued short-term rental permits citywide. The total includes 325 non-hosted permits, and 93 home-share permits distributed in the City as shown in the following table and map:

Paso Robles Short-Term Rental Permits as of 11/14/23
Zoning District Home-share
Permits
Non-Hosted
Permits
Total Permits
Issued
Waitlist for NonHosted Permits
R1 66 89 155 44
“T-Zones” 15 183 198 34
All Other Zones 12 53 65 10
Total 93 325 418 88
Permit Utilization – Transient Occupancy Tax Payment
Of the combined 418 issued permits, an average of 110 permits each year do not remit any Transient Occupancy Tax (TOT); permit holders are either not reporting TOT or are not using permits. Of the 110 permits, 92 are non-hosted permits. For FY 2023-2024, there are 92 non-hosted accommodations and 20 home-shares reporting no TOT.

Waitlist
The City maintainstwo waiting lists for those interested in obtaining a permit for a non-hosted short-term rental: an R1 waitlist and a citywide waitlist. In October of 2019, the City reached (and exceeded) the 75- permit capacity for the R1 zoning district; 125 non-hosted permits were issued within the R1 district (yellow areas on the maps in this report). New applications received in the R1 district are put onto the R1 waitlist.

As of November 2023, there are 89 issued non-hosted short-term rental permits in the R1 district. The decline from 125 permits is largely the result of permit holders selling their property (which results in the closing of a short-term rental permit in the R1 district). These permits are then moved into the non-R1 pool of permits. In the R1 district, the City will need to wait for the number of non-hosted permits to fall below 75 before new permits can be issued. There are currently 44 applications on the R1 waitlist.

City Council Agenda December 5, 2023
In May of 2021, the City reached the 325-permit capacity for citywide non-hosted short-term rental permits and began the citywide waitlist. The number of applications on the waitlists (80-90) has been relatively stable for the past 18 months.

Short-Term Rental Waitlist Applications
The current procedure to obtain a spot on a wait list requires the owner to submit a short-term rental application and proof thatthey are the current owner of the property. The application is not fully reviewed and vetted until a permit becomes available. Waitlist positions are not transferrable to new owners and/or to other properties.

Since the initiation of the wait lists, the City has received a total of 108 wait list applications, 20 of which received a non-hosted short-term rental permit and have been removed from the citywide non-hosted waitlist.

Waitlist Relief Options
The list below indicates optional methods to reduce the waitlist for non-hosted short-term rental permits:

1. Eliminate permit transfers within the T-zones. When an application can be transferred, it prevents wait list applicants from receiving a permit. To date, there have been 15 short-term rental permit transfers. Without transfers, the citywide non-hosted waitlist would be at 29 applications (whereas, currently there are 44 applications on the waitlist).

2. Limit short-term rental permit renewals for inactive permits. If the Council wishes to make it possible to revoke existing, non-expired STR permits on the grounds that the permit holder is not putting the permit to active use and not generating TOT income, the STR ordinance would need to be amended through a formal public process to allow for notice and opportunity to be heard by interested parties.

3. Alternatively, without amending the Code, permits that were inactive during their issuance period can be declined for renewal when their term expires, thereby opening that spot up to someone from the waitlist.

4. Increase the cap number of non-hosted STR permits allowed in respective zones.

City Council Agenda December 5, 2023
Fiscal Impact
The City collects significant TOT revenue from short-term rentals. In FY 2022-23, TOT generated from short-term rentals totaled a little more than $1.2 million (down from the peak of $1.4 million in FY 2021- 22 in response to the COVID-19 pandemic).

Declining to renew inactive permits and reissuing them would likely increase TOT revenue. It is difficult to anticipate individual rental performance of newly issued permits. There are management, marketing, and location factors that influence rental rates, occupancy and ultimately revenue. However, there are currently 110 permit holders currently not remitting TOT.

CEQA
The City finds that this action is categorically exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines §§ 15305 pertaining to minor alterations of land use limitations, and 15378(b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment.

Recommendation
No Staff Recommendation
Attachments

1. Short-Term Rental TOT Revenue

2. Map of Permitted Short-Term Rentals

3. Map of Westside Short-Term Rentals between 1st and 24th Streets

4. Map of Westside High Concentration Areas

5. Map of Properties on a Short-Term Rental Waitlist

City Council Agenda December 5, 2023

ACTUALS THRU
TOT Revenues by Source SEPT
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 Hotels/RV's 5,042,901 5,248,765 5,530,111 4,748,813 6,091,822 8,447,144 8,622,603 1,811,271 86.93% STR 365,731 491,017 614,929 554,522 915,927 1,364,202 1,198,732 1,038,073 13.07% Total 5,408,632 5,739,782 6,145,040 5,303,335 7,007,749 9,811,346 9,821,335 2849344 STR Revenues by Month

JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
2016-17 34,901 26,380 29,805 36,516 32,921 20,955 16,779 18,011 28,253 33,140 42,012 46,056 365,731 2017-18 54,146 31,872 41,742 47,773 42,269 34,846 18,657 23,456 39,500 46,706 49,911 60,141 491,017 2018-19 68,057 50,639 52,467 55,671 56,081 39,720 24,661 34,732 45,446 51,358 62,407 73,690 614,929 2019-20 85,408 65,833 59,583 69,420 65,643 47,545 35,392 37,032 21,803 3,147 14,626 49,091 554,522 2020-21 83,297 90,331 80,561 87,248 83,763 35,492 22,251 40,595 67,448 97,094 106,407 121,440 915,927 2021-22 152,796 121,518 117,546 130,668 121,925 99,405 63,800 75,594 98,914 133,919 120,186 127,931 1,364,202 2022-23 144,165 103,509 112,688 124,318 105,919 73,158 47,341 58,279 83,399 116,785 113,381 115,790 2023-24 126,066 85,217 106,790 100,000 90,000 65,000 40,000 50,000 75,000 100,000 100,000 100,000 1,038,073 STR Revenues Accumulated by Month

JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
2016-17 34,901 61,281 91,086 127,602 160,524 181,479 198,258 216,269 244,522 277,662 319,674 365,731 2017-18 54,146 86,018 127,760 175,533 217,801 252,648 271,305 294,761 334,261 380,966 430,877 491,017 2018-19 68,057 118,696 171,163 226,834 282,915 322,635 347,296 382,028 427,474 478,832 541,239 614,929 2019-20 85,408 151,241 210,824 280,243 345,886 393,431 428,823 465,855 487,658 490,805 505,431 554,522 2020-21 83,297 173,628 254,189 341,437 425,200 460,692 482,943 523,538 590,986 688,080 794,487 915,927 2021-22 152,796 274,314 391,860 522,528 644,453 743,858 807,658 883,252 982,166 1,116,085 1,236,271 1,364,202 2022-23 144,165 247,674 360,362 484,680 590,599 663,757 711,098 769,377 852,776 969,561 1,082,942 1,198,732 2023-24 126,066 211,283 318,073 418,073 508,073 573,073 613,073 663,073 738,073 838,073 938,073 1,038,073 Increase from PY -12.6% -14.7% -11.7% -13.7% -14.0% -13.7% -13.8% -13.8% -13.5% -13.6% -13.4% -13.4% ESTIMATES FOR REMAINDER OF FY 2023-24
ESTIMATES FOR REMAINDER OF FY 2023-24
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000

JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Short Term Rentals
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 *Information updated as of November 9, 2023
Attachment 1

City Council Agenda December 5, 2023
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Attachment 4

City Council Agenda December 5, 2023
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Attachment 5

City Council Agenda December 5, 2023